# Fired for positive drug test... but...



## Katria (Jan 3, 2009)

I’m sending you this letter in hopes that somehow I can gain back what I have lost; my job, reputation, pride, dignity, my “life”. Life has been tough enough being a single mother, going to school, and now even more so since I’ve lost my job. I feel as though I have been wrongfully terminated and lost my job due to one woman’s dislike of me. Not only have I suffered the consequences, but my children have as well. 

About a month ago, some narcotics showed up missing, so a few of the nurses were demanded, by K--, administrator and my immediate supervisor ) to take a drug test, myself included even though I don’t have a key or any responsibility pertaining to the narcotics case. I was requested to give a urinalysis.  Some of the other nurses waited until almost a week later to get tested. 

K-- handed me a cup and told me to go into the bathroom. So I did. I wasn’t worried, because I hadn’t taken anything. During my Drug Test K-- left out of the room leaving someone else there (that was not administering the test) and than came back to complete my drug test. 

It just so happen that E-- (the employee K-- said she wanted to give my job to) was there on the day of my drug test and several other days.  She was suppose to be on medical leave of absence. 

Almost three weeks after the drug test, K--- came into Ch--‘s office where V-- and I were and said that she needed a copy of my prescription medication Adderall, she said that Adderall showed up in my drug test. “It was specifically Adderall.“ She also said that the copy of my prescription was missing from my personnel file. I told her that Adderall could not have showed up in the drug test, because I have not taken any Adderall. I told her that I was taking Phentermine and asked her if she wanted that prescription. She said “no“. I immediately requested another test. 

I told K-- that I would get a copy of the prescription, since she told me it would clear me. I went to my office and called Wal-Mart to get them to fax me over a copy. I was in the hall and K--- asked me again about the prescription in front of other employees (un-professional behavior?). I told her that Wal-Mart pharmacy had just opened and they said it would take about 30 minutes to get the copy. I decided to go to Wal-Mart and get the list myself. I went to look for K-- and she was outside smoking with T-- and N--. I told her I needed to go to Wal-Mart for a minute to pick up something. She said that was fine. I went to Wal-Mart and got a copy of my prescription medication and placed them on Ka--’s desk. 
She called me to her office and told me that the copy from the pharmacy would not work and said all I needed to do is find the original bottle with the original date on it and bring it to her, and I could keep my job; otherwise, I would be terminated, and she would have to notify the board of nursing, and that I would also lose the rest of my vacation and sick pay. 

The following week, I took the Phentermine bottle to her. She said, “ Is this the bottle.” I told her no, but this is the Phentermine bottle, which should have showed up. She said, “Keep trying to find the bottle.” A few hours later, I brought the original Adderall bottle to K--. She was at lunch, so I left the bottle with Ch--, and asked her to get K-- to call me. Ch-, the DON called me later and said K-- said “The bottle will not do because I should have brought the bottle right in and it did not have any medication in the bottle.” I told her to tell K--, I did not take the medication. (I had the extra medication from the bottle, but I did not know I needed to give it to K--. They were taken out of the bottle before I took the bottle to K--.)
I have been getting phone calls that, K-- has been telling people she fired me for failing a drug test, that I was taking my children’s Adderall (K-- did not know that my children have not been on Adderal in over 4 months or that I do not take the medication due to a reaction it causes me.), and that her and HR has already fixed one drug test for me (I thought it was against the law to fix a drug test??). Other employees have also seen my drug test results on the fax machine, she has been making phone calls to other management about me while employees were in the office. 
Since my termination, K-- has posted my job for flexible hours. She has already hired someone in my place, who is from Lake Village, from the same facility that K-- friend was recently hired from. K-- is also from Lake Village.

I also believe the company knows that I am a single parent and needed to keep my job, so they could do what they want and I would not / could not quit. 

I have some unanswered questions such as why would Adderall be showing up instead of the Phentermine? Could something else cause the Adderall to show up?

What is the drug testing chain-of-custody? LabCorp ran the test is all I know.

I was never contacted by a Medical Review Officer or “Loss Control” to determine the medication that I was taking. 

Was it appropriate for her to have mentioned my test results in front of someone else? What about leaving my drug test on the fax machine for others to see? HIPAA?

How do I find out if they are DOT regulated? How long does it take to for the results of a urine drug test ?

Please help me!! I do not know what to do at this point!! I am a single parent struggling to keep my family afloat and now being denied unemployment due to the circumstances.  My reputation as a nurse is at risk and my main concern is how this is going to affect my children and our lives.  I have worked hard all these years; I have served my time in the military, worked in the public schools as a teacher, and have been a nurse for 20 years with a very good work record. 

Please let me know if there‘s anything you can do.  Any help that you can offer would be greatly appreciated.  If you can not help me, will you please direct me to the right source or person? 

Sincerely,

Katria

Please do not laugh or make fun of me... All of the above is the truth... I thought about sending this to the owners of the company? Do you think that would be a good idea or not?


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## gentlegreen (Jan 3, 2009)

In the UK, most people would involve their union rep.


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## Pingu (Jan 3, 2009)

in the states it would very much depend on who the employer was to determine if there was any union representation. Some US companies are very unionised and some are massively anti union


US employment laws are also very different to UK ones and can vary from state to state for some things.

You may be better off posting on a US based board for a better response


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## Katria (Jan 3, 2009)

Do you know of any US boards on this subject?

Thank You


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## 5t3IIa (Jan 3, 2009)

Katria said:


> Do you know of any US boards on this subject?
> 
> Thank You



Google for a Nurses Union in your state


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## Katria (Jan 3, 2009)

We are not in a union, but the CNA's are in a union at our facility. So what should I do?


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## 5t3IIa (Jan 3, 2009)

Katria said:


> We are not in a union, but the CNA's are in a union at our facility. So what should I do?



Contact the Union? 

This is a UK based board and we don't know much about unions in the USA but you need someone knowledgable to represent you and this is the best suggestion we have


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## ajk (Jan 3, 2009)

Can't help you with any of the union malarky, but 



> It was specifically Adderall



strikes me as suspicious, as I'm not aware of any routine drug tests that would differentiate between specific amphetamines.  The phentermine could certainly give a false positive result, and urinalysis is such an inexact science at the best of times that I would be wary of any test that claimed that level of specificity.


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## Mr Smin (Jan 4, 2009)

There. We don't know much about USA stuff but there is someone with some chemistry knowledge, so your post to Urban75 not futile 

I don't think you should copy your post to the company, you should re-write it when you feel calm. Also, you should look into getting some kind of representation *before contacting the company* - you might get a headstart advantage out of it.



Katria said:


> Please do not laugh or make fun of me... All of the above is the truth... I thought about sending this to the owners of the company? Do you think that would be a good idea or not?



Sad that you expected to get laughed at. People around here normally take genuine-looking posts seriously.


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## harpo (Jan 4, 2009)

What about getting a lawyer?


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## mrs quoad (Jan 4, 2009)

I'm finding it a wee bit hard to synthesise / process your post, OP.

Can I clarify:


Drugs (narcotic drugs) went missing. The only relevance of this is that it led to demands for drug tests. You subsequently provided a urine sample. What you subsequently tested positive for has nothing whatsoever to do with the missing narcotics.

You were told that you tested positive for Adderall.

Your employer asked for proof that you were prescribed Adderall.

You stated that you had not taken Adderall. However, you do have a prescription for Phentermine.

You obtained a copy of the prescription.

They stated that unless you could provide a medication bottle showing that you had been legally taking / prescribed Adderall on the date of the test, you would be fired.

You took a Phentermine bottle to work.

They requested an Adderall bottle.

You then brought an Adderall bottle, without any pills in.

The Adderall bottle was for your children, who are prescribed Adderall.

You do not take ... either Adderall or Phentermine (?) - because it causes you a reaction. Your children do not take Adderall.

You were fired because of a positive urinalysis / drug test for Adderall, a substance which you are not prescribed.

You have concerns about the dismissal process.

You believe you were gotten rid of, as x manager has subsequently readvertised your job but on different terms.

You have concerns about the testing process / chain of custody, and are unsure why you tested positive for Adderall.

?


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## mrs quoad (Jan 4, 2009)

ajk said:


> strikes me as suspicious, as I'm not aware of any routine drug tests that would differentiate between specific amphetamines.  The phentermine could certainly give a false positive result, and urinalysis is such an inexact science at the best of times that I would be wary of any test that claimed that level of specificity.





> Specifically, Adderall XR is composed of the following proportions of active ingredients[6]:
> 
> * 1/4 dextroamphetamine saccharate
> * 1/4 dextroamphetamine sulfate
> ...



Just... as a cautionary note... I wouldn't be _too_ surprised if that particular mix of amphetamines left a signature trace of metabolites / pattern of metabolites in the urine.

Bog standard panel tests certainly wouldn't differentiate between flavours of amphetamine; but if it's been sent off for lab analysis (and it was), then the analysis can get pretty deep. I'm genuinely none too sure on the amphetamine front, but they can certainly get pretty specific about opiates. Distinguishing - for example - codeine / dihydrocodeine / heroin (well, those were the distinctions we were most interested in at work!)

e2a: also, a chemist's / biologist's / pharmacist's (quick) reading of this (or the BNP?) would give a better idea of whether or not Adderall has a signature metabolite thingy. My - layman's - reading of that again kinda inclines me towards thinking it might have. Though I'd gladly be corrected.


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## sim667 (Jan 5, 2009)

I wouldnt have thought a urine test could differentiate between 2 pharmaceuticals in the same 'family' as it were..... In this case 2 amphetamines?

I think you need a union. You also need to work out what test you did (i.e. company and lab etc) and review the limitations of that particular test against that case......

But I do agree you need to post on an american board...... Do you not have the equivalent of the UK's Citizens advice bureau in the US?


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## kyser_soze (Jan 5, 2009)

I'd contact a lawyer and your union and not post details of what's happened on internet message boards.


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## mrs quoad (Jan 5, 2009)

sim667 said:


> I wouldnt have thought a urine test could differentiate between 2 pharmaceuticals in the same 'family' as it were..... In this case 2 amphetamines?



Out of interest, are opiates not in the same 'family'? Or are amphetamines (or the metabolites of amphetamines) more closely linked?

e2a: thread also cross-posted here.


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## Katria (Jan 8, 2009)

I had a prescription for both medications. The one for Adderall was 8/28/07 and the one for the phenterimine was 10/1/8. I did not take the adderall because it made my hair fall out. I took the phentermine prn. I ended up taking both the bottles to her, but she still fired me because she said there was no medication in the Adderall bottle.


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## 5t3IIa (Jan 8, 2009)

Katria said:


> I had a prescription for both medications. The one for Adderall was 8/28/07 and the one for the phenterimine was 10/1/8. I did not take the adderall because it made my hair fall out. I took the phentermine prn. I ended up taking both the bottles to her, but she still fired me because she said there was no medication in the Adderall bottle.



Have you spoken to anyone in the Union yet? Or an lawyer? Are there any free law clinics near you where you can get knowledgeable advice?

I am not sure we are qualified to help.


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## bluestreak (Jan 8, 2009)

kyser_soze said:


> I'd contact a lawyer and your union and not post details of what's happened on internet message boards.


 

Aye.  Especially ones full of drug-ravaged egotists based in a different country to the one you're asking about.  

Quite frankly, I think we've been remarkably restrained.


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## Callie (Jan 8, 2009)

Katria said:


> I had a prescription for both medications.



if you yourself had a prescription for the medication Im not sure how they can fire you, unless those particular drugs effect your ability to do your job and should have been discussed with your employer but werent?


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## 5t3IIa (Jan 8, 2009)

Callie said:


> if you yourself had a prescription for the medication Im not sure how they can fire you, unless those particular drugs effect your ability to do your job and should have been discussed with your employer but werent?



I think the OP is saying that the drugs test result and aftermath was used as ane excuse to push her out of her position in favour of someone else.

She really needs professinal advice. 

Though, Katria, you might consider just moving on. They obviously don't want you, do you want to be there? Would you like to sue for unfair dismissal? Why spend time fighting this when you could be searching for a better job?

Whatever.


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## Katria (Jan 8, 2009)

The thing is... These people should not be allowed to do this to people.. I live in a very small town where there are no other jobs... I have been looking... I am not the first person they have attempted to push out... and it is not right for us working people...


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## mrs quoad (Jan 8, 2009)

*edit.

If you need to do something about this... Then speak to someone in the US who knows about employment law...


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## mrs quoad (Jan 8, 2009)

Also - when did this happen? I still don't know whether these events started / ended two years ago, or last week?


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## 5t3IIa (Jan 8, 2009)

Katria said:


> The thing is... These people should not be allowed to do this to people.. I live in a very small town where there are no other jobs... I have been looking... I am not the first person they have attempted to push out... and it is not right for us working people...



It certainly appears to be unfair but there is only *ONE WAY *you will be able to sort this out: talk to a qualified employment advisor and, really, stop crying to us.


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## Katria (Jan 8, 2009)

You know... I am not crying to you.. forget I ever asked anything.. as a matter of fact it happened last month... I was never given any termination papers...  The test was given November 19 th and I got results back December 11th. 

I am sorry "5t3IIa"... I hope nothing like this ever happens to you..

I am sorry!!!!


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## ovaltina (Jan 8, 2009)

Sheesh! Don't apologise, but defo look into getting union and or legal representation. If there's a US equivilent of an Employment Tribunal, tell them you're going to sue them at it.

I can't believe they'd be able to get away with this somewhere as litigious as the USA.


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## 5t3IIa (Jan 8, 2009)

Katria said:


> You know... I am not crying to you.. forget I ever asked anything.. as a matter of fact it happened last month... I was never given any termination papers...  The test was given November 19 th and I got results back December 11th.
> 
> I am sorry "5t3IIa"... I hope nothing like this ever happens to you..
> 
> I am sorry!!!!



I am not trying to insult you but you seem to be ignoring our good advice.

*You need to talk to someone in the USA who knows about USA employment law.*


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## Pingu (Jan 8, 2009)

However if you choose not to I am a penguin on the interweb and I will happily give advise for free



*normal disclaimer about accepting legal advise from penguins on the interweb obviously applies


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## mrs quoad (Jan 8, 2009)

5t3IIa said:


> I am not trying to insult you but you seem to be ignoring our good advice.
> 
> *You need to talk to someone in the USA who knows about USA employment law.*



Yeah.


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## sim667 (Jan 8, 2009)

mrs quoad said:


> Out of interest, are opiates not in the same 'family'? Or are amphetamines (or the metabolites of amphetamines) more closely linked?
> 
> e2a: thread also cross-posted here.



dont know 

never did chemistry lol.


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## Fruitloop (Jan 8, 2009)

The amphetamines are all chemically related to each other in that they are alpha-methyl-phenethylamines. It's a pretty huge category though with some very different stuff in, pharmacologically speaking.


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