Trouble with hiring...

[mfmccullar]

What is the name of your state (only U.S. law)? INDIANA

I am currently employed with a company.

I was recruited for a job from a current competitor of my company, went to the interview, was offered the job pending background and drug screen. I called a couple days later to check before I put in my final notice at work and the HR manager who offered me the job, and gave me the oral drug screen, told me my drug screen came back and I was all good to go and was just waiting on background check. I put in my final day in at my current employer and tied up my loose ends there. Two days later the lab which conducts the test called me and said there was an issue with my drug screen and it was positive for THC. They asked me if I had a prescription, which in Indiana obviously is not legal, which I do not. I could not get my current job back because the job had been already filled. The paperwork that has my information for my drug screen shows that the drug screen I took was expired by almost a month from when my collection sample was taken. I am now getting the run around and fear the worst as I am the man of the house to take care of my family. I was misinformed and it has cost me my current job because she said my screen came back perfectly fine. I have demanded a retest as I feel this is HER error. I spoke with the HR manager and she has tried to retract her statements saying "well I guess I must have gave you results of another candidate", which I'm sure is a problem in itself. Please someone let me know what rights I may have here. I am still in the process of getting the run around but fear the worst as I have a wife, child, and house to take care of.

 

[Ohiogal]

What is the name of your state (only U.S. law)? INDIANA

I am currently employed with a company.

I was recruited for a job from a current competitor of my company, went to the interview, was offered the job pending background and drug screen. I called a couple days later to check before I put in my final notice at work and the HR manager who offered me the job, and gave me the oral drug screen, told me my drug screen came back and I was all good to go and was just waiting on background check. I put in my final day in at my current employer and tied up my loose ends there. Two days later the lab which conducts the test called me and said there was an issue with my drug screen and it was positive for THC. They asked me if I had a prescription, which in Indiana obviously is not legal, which I do not. I could not get my current job back because the job had been already filled. The paperwork that has my information for my drug screen shows that the drug screen I took was expired by almost a month from when my collection sample was taken. I am now getting the run around and fear the worst as I am the man of the house to take care of my family. I was misinformed and it has cost me my current job because she said my screen came back perfectly fine. I have demanded a retest as I feel this is HER error. I spoke with the HR manager and she has tried to retract her statements saying "well I guess I must have gave you results of another candidate", which I'm sure is a problem in itself. Please someone let me know what rights I may have here. I am still in the process of getting the run around but fear the worst as I have a wife, child, and house to take care of.

I note you don't deny that you use pot. Maybe you shouldn't have used illegal drugs. This is YOUR fault.

 

[cbg]

So despite the fact that she said they were still waiting on the background check, you gave your notice based on the report of the clean drug test?

What was your plan if there'd been a problem with the background check?

 

[mfmccullar]

I note you don't deny that you use pot. Maybe you shouldn't have used illegal drugs. This is YOUR fault.

Senior Member,

Thank you so much for your "Senior" input. I see that you avoided answering any of the questions or concerns that I have raised in my thread. Thank you for your worthless response and waste of taking away from the purpose of this site/thread. I'll go ahead and do you some justice by raising the question, no I do not "use pot"...that would be the purpose of demanding the retest due to an expired oral drug screen. But thank you for your PERSONAL opinion, I was looking more for some legal facts or maybe some EXPERT ADVICE, not NOVICE OPINION.

 

[mfmccullar]

So despite the fact that she said they were still waiting on the background check, you gave your notice based on the report of the clean drug test?

What was your plan if there'd been a problem with the background check?

Current employer had my background check on file from when they pulled it 9 months ago. Also, if you've never been convicted of a crime why would there be a concern from your background check?

 

[xylene]

You need to pull yourself up and find another job.

The laws are garbage and that's just the way it is.

 

[cbg]

Your current employer had the background check that THEY ran on file. That doesn't mean that a check run by someone else wouldn't come up with a different response. As I am constantly telling posters, all background checks are not created equal. They do NOT all come up with exactly the same information all the time. What shows on any given background check depends entirely on what questions are asked and who runs the check.

And you've never heard of a background check coming up with incorrect information? Never any confusion between two people of the same name? It does happen. Read these forums.

At this point the rights you have are to file for unemployment and look for a new job.

 

[mfmccullar]

I see why this website is called "Free Advice" Thanks to all who have commented with their "free advice" HAHA...My suggestion to this website would be to not associate yourself with anything that has to do with "Legal Advice" as I have found out that so far there hasn't been a single person with any "legal" advice. You get way you pay for I guess lol. Good luck to all the professional personal opinion engineers.

 

[cbg]

So, what law do YOU think exists that will either force them to hire you or that will allow you to succeed in a lawsuit?

By all means, educate us.

 

[mfmccullar]

So, what law do YOU think exists that will either force them to hire you or that will allow you to succeed in a lawsuit?

By all means, educate us.

Well considering I didn't go to law school, and I'm assuming you got your degree from Google, "Senior Member", then I wouldn't have wasted my time with this so called expert advice website. I'm sure there are people on here that probably do qualify as an "expert" but when you insert your personal opinion on an "expert advice" site, you're wasting my time and yours. Only thing I can teach you is what I preach...if I don't know what I'm talking about I don't engage in a conversation where I don't belong (insert yourself here). Continue scrolling if the question doesn't pertain to you...there is your education piece...what you do with it is up to you. Good luck retaining that info...its free I won't even charge you!

 

[Just Blue]

I see why this website is called "Free Advice" Thanks to all who have commented with their "free advice" HAHA...My suggestion to this website would be to not associate yourself with anything that has to do with "Legal Advice" as I have found out that so far there hasn't been a single person with any "legal" advice. You get way you pay for I guess lol. Good luck to all the professional personal opinion engineers.

Feel "free" to drop several hundred dollars to have an attorney, of your choosing, assist. Have a nice day!!

 

[Just Blue]

Well considering I didn't go to law school, and I'm assuming you got your degree from Google, "Senior Member", then I wouldn't have wasted my time with this so called expert advice website. I'm sure there are people on here that probably do qualify as an "expert" but when you insert your personal opinion on an "expert advice" site, you're wasting my time and yours. Only thing I can teach you is what I preach...if I don't know what I'm talking about I don't engage in a conversation where I don't belong (insert yourself here). Continue scrolling if the question doesn't pertain to you...there is your education piece...what you do with it is up to you. Good luck retaining that info...its free I won't even charge you!

There was a site vetted attorney posting on your soon to be closed thread.

BTW: Read the TOS.