There may be some recourse, as some state laws require that an employer require a confirmatory test a second test to ensure the accuracy of the first test which is often referred to as an initial, screening test. Additionally, some state laws allow the employee to obtain access to the test sample and, at the employee’s own expense, pay for their own testing by a reputable testing company. Once again this area of law differs quite dramatically from state to state.

• Can your employer require you to take a drug test?
• How does the unemployment benefits process work?
• If you are fired from your job can you obtain unemployment benefits coverage?
• Must an employer do anything to accommodate employees who wish to breast feed their children?
• Must employers give employees time off for lunch and for rest periods?
• Are employment discrimination awards taxable?
• Can an employer fire an employee for filing a workers compensation claim?
• Are there time limits and notice requirements on filing worker compensation claims?
• What if an employee suffers a permanent disability?
• What does the employee receive in workers’s compensation benefits?
• What if you suffer a heart attack due to stress on the job? Are you compensable under workers compensation?
• When does an injury arise out of and in the course of employment?
• What is considered a work related injury?
• What entity handles worker compensation claims?
• Why is workers compensation considered a form of compromise?
• What is the purpose of workers compensation?
• What is the key factor in determining whether employees may be included in a valid tip pool?
• What about employees receiving tips and how they are treated under FLSA?
• What is a Belo contract?
• What is the taxicab exemption ?