Where to start... I applied for a job and got a hair follicle test done. My hair is about 1.5 inches long. A week later I get a call from the employer telling me that results came back positive to marijuana. I do not do and have not done marijuana in over 12 years. Is it possible to get false positive in this kind of test? And if there is, what are my legal options to challenge this result. I live in TX. So far, the only thing I've done is order a new hair follicle test from a different lab.

When my wife got the same test done her results came back in 2 days. I called on the 6th day of the collection and asked on the status and ETA of this exam. I was put on hold and then hung up on. I called again and asked for a supervisor. Hung up on again. I finally called their home office and got some answers. Reason I say all this is there might be foul play on behalf of testing facility.

On another note, I smoked Djarum brand cigarettes about 35 days prior to collection. Has anybody heard anything related to this brand and false positives? All I know is they are clove cigarettes from Indonesia.

I would really appreciate some answers on this matter. Thank you very much for reading. :D

Clove cigarettes are not marijuana, they won't cause a positive test. If the lab people were beign rude to you, I would suspect they were in the wrong. I would talk to the people at the place you applied for a job at and explain to them the situation and ask them to conduct a new test at a different lab?

Thank you for your response.
I did speak to the HR person and he said unless the MRO says contrary, he has to stick to the results. He also said company policy didn't allow him to perform a second test.
I spoke to an attorney about this situation and he said, depending on what the test I ordered says, we might have a case of falsifying information on behalf of the lab.
And yes it is a different lab. :D

Hello hel:

I don't know what you're making such a big stink over. You're PAYING an attorney for this?? He's must be some bottom feeder to take your money. You have no case. You have no evidence that the lab did anything. You have no evidence that the company did anything. You are not entitled to a job. You are not entitled to be talked sweetly to. You are not entitled to talk to the lab at all.

Why would this lab falsify information against you? Do you know somebody there?? No, you don't.

You have no case. You don't even have the beginnings of a case. You don't have squat. Any money spent on this might as well be thrown out your window. Any lawyer who would take your money for a case like this is a scumbag.

excon

True. BTW I spoke to the attorney over the phone so no $$ spent. Thank you for the advice on the "you have no case" thing. I just just don't like being called a drug user when I'm not. It's a matter of principle.
My main question is, from the scientific standpoint, is it possible to get a false positive on a hair follicle test? And what would cause it. The information I've found only talks about urine tests. :D

Hello again, hel:

Well, I'd have to make a lot of assumptions before I could make that determination. Assuming the science is good, and assuming the testing company is good, and assuming the technician is good, then No, the test could not be in error. Those are, however, a LOT of assumptions.

If a mistake happened, the error could have occurred in any number of places along the chain.

excon

OK, here's an update. I got the results from the test I ordered. Negative.

According to the original lab, my sample got tested twice. What are the chances?? From what I understand this test should be 100% accurate.

If you're wondering, there was federal standard chain of custody in both.

Now again, what are my legal options in prosecuting the lab for inconsistencies and mishandling in their testing? The HR manager for the company I applied even accepted knowing of several cases of this. He said there was nothing he could do because it was home office that decided what lab to use.

Again, thanks in advance.

Hello again, h:

Still not working??

I haven't changed my mind. It's STILL your assumption that the test was mishandled.

excon

I think if you positive enough to go and pay for a lawyer, maybe you are straight. Things happen, tests do go awray and I hope for your sake your telling the truth and your lawyer can help you out! I believe only because I've seen first hand how some matters are handled in non-con cases

You sue the company that did not hire you, and the lab for loss wages you would have earned over the next?? Years.

First the company should have a policy for a second testing, and next the lab appears to have errored.

Thank you guys! I will speak to my attorney and let you know what he said. :D