How to Dispute a False Positive Drug Test: Your Full Guide
Cindy Ellis - August 27, 2022
For many individuals who are asked to take a drug test randomly during the course of their employment or as part of pre-employment screening, receiving a false positive result can be a stressful shock. However, false positives are to be expected from time to time with drug testing, and there are steps you can take to dispute your results to an employer or other agency that requested the drug test.
This article will detail what might affect your drug testing results and give you information on your next steps after receiving a false positive drug test result. We also offer answers to your frequently asked questions about false positive drug tests to put your worries to rest and give you some guidance. Read on to learn more.
Why You Might Receive a False Positive Drug Test
Drug tests aren’t 100% accurate, including urine drug tests, though this is the most common type of drug test offered to individuals. The testing strips that are used in urine drug tests are very sensitive and can be used to pick up around ten different substances depending on the tests ordered, but they can be sensitive to other items too.
You may receive a false positive drug test result if you have consumed certain foods or drinks in the days or hours leading up to your test, are on certain medications, or use specific pain and hygienic products. Below, we discuss the main factors that contribute to false positive drug test results.
Certain Food and Drinks
Many individuals know about poppy seeds and their ability to appear as opiates on drug tests, which is why it is important not to eat large amounts of poppy seeds leading up to your drug test. Other foods and drinks that can affect your test results include tonic water due to the presence of quinine, durian, coca tea, and hemp seeds, among others. Be sure to research which foods and drinks may affect drug test results and change your eating and drinking habits, if possible, before taking your drug test.
Supplements
Certain supplements and vitamins are sometimes processed by the body in a way that makes them appear on drug tests. The main culprit for this is vitamin B supplements, which can appear as THC on urine drug testing, though other herbal supplements and traditional remedies can often give false positive results. Make sure to research your supplements and their effect on drug tests, and consider documenting the supplements you take with a doctor before reporting for your drug testing.
Prescription Medications
While not every drug officially prescribed to you by a doctor will interfere with drug test results, there are a few specific medications that can affect your test results. For example, Sudafed and other decongestants have triggered positive results before, as have anti-depressants such as Zoloft and Prozac.
Sometimes, even antibiotics will cause a false positive result, as will pain relievers such as ibuprofen, like Advil or Motrin. Take the time to evaluate your prescriptions or over-the-counter medications and speak with your doctor about how your medications might affect your drug testing results.
Hygiene Products
Hygiene products tend to affect saliva drug tests as opposed to interfering with urine drug tests due to you not consuming them. However, mouthwashes, topical CBD creams, and hand sanitizers can all affect drug tests that require your mouth or palms to be swabbed. Refrain from using these products leading up to your drug test to prevent any chance of them altering your testing results.
Your Next Steps After Receiving a False Positive Drug Test
If you’ve taken a drug test at the request of your employer or other agency and received a false positive result, there are a few next steps that you need to take. Make sure to review all of these steps and collect your thoughts before taking action. Receiving a false positive drug test can be stressful, but you shouldn’t rush into an argument with your employer about the results without first taking the time to become level-headed and collect evidence for your defense.
Collect Evidence for Your Defense
The moment you receive false positive test results, you should review your legally prescribed medications, food and drink habits, and supplement intake in the weeks and days leading up to your drug test. Doing this can help you narrow down what may have affected your result.
Speak with your doctors about your medications and drug test results to secure a letter or other notation that states the effect your medications may have on a drug test. The same can be done for any supplements or vitamins you take. You should also document your eating and drinking habits and work to verify that you, for instance, eat a large number of poppy seeds or drink tonic water regularly.
It’s also a good idea to run a background check on yourself to see if there are any other potential issues your employer may find. It’s very important to be as prepared as possible, and to know anything you may be accused of or have used against you, when you’re planning your defense strategy.
All of these items can provide evidence in your defense when it comes to speaking with your employer and disputing your false positive test results.
Speak to Your Employer
An essential step after receiving a false positive drug test and collecting evidence in your defense is to set up a meeting to speak with your employer. You’ll want to meet with the hiring manager or whoever requested that you take the drug test, and you should do your best to maintain a calm, collected attitude throughout the meeting. During your talk, you should explain why you believe your drug test came back with a false positive and present evidence, such as a doctor’s note listing the medications you are currently on that may have affected the results.
Make sure to ask your employer for a re-test and ensure that you know your employment rights when going into the meeting – these differ based on the state that you are being tested and working in, so take the time to read up on the specific laws for your situation.
Complete a Re-Test
After your meeting with your employer, you may have been granted a re-test. Make sure to follow all of the instructions for drug testing carefully and disclose to the testing agency or clinic any medications, supplements, or food and drinking habits that may affect the results of the test. They can sometimes take this into account when running tests or making notations on your medical history forms.
Complete the re-test and wait for the results; in most cases, you will receive a clear test and be able to proceed accordingly with your employer. If you receive another false positive test result, then it is likely time to consult a legal professional about your employment rights and specific situation in addition to consulting a medical professional about what may be affecting your drug test results.
Consult a Professional
If your employer is starkly against re-tests, you need help understanding your employment or union rights, or you receive multiple false positive drug test results, you should consult a legal professional. A professional will be able to help you with your defense and next steps when it comes to drug testing policies, in addition to helping you defend yourself against a sudden loss of employment or the loss of a job offer when applicable.
Don’t be afraid to reach out and speak with a professional either, as many will give you a preliminary review of your case for free and work on contingency so that you won’t need to pay a lot of money upfront for their assistance.
False Positive Drug Test Results: Your FAQs
Receiving a false positive drug test result can lead to a lot of questions and worries. We provide answers to your most important questions about this situation below.
Can I Lose My Job Over a False Positive Drug Test?
Unfortunately, it might be possible for you to lose your job or an offer of employment over the results of a false-positive drug test. This is because many states have at-will employment laws and are not necessarily required to honor your request for a re-test, nor are they required to review the evidence you may have of items that lead to altered test results.
It can be difficult to fight your case with an unresponsive employer, which means that you might need to seek a professional’s advice or legal representation.
Does My Employer Have to Allow a Re-Test?
Whether or not your employer has to give you a re-test after receiving false positive results depends on your state’s employment laws. Many states have at-will employment laws and other such provisions that allow employers to terminate employees or rescind offers of employment for virtually no reason. As a result, your employer may not have to provide you with the opportunity for a re-test, which can be disheartening, especially if you provide medical evidence of skewed test results due to other doctor-administered medication or supplements.
However, you can seek representation if you feel that your employment rights are being violated by a re-test not being allowed and want further counseling on your next steps.
Will I Need to Consult a Lawyer Due to a False Positive Test?
When you receive a false positive drug test, you may immediately start to panic and consider reaching out to a professional for legal advice. However, it may not be necessary to contact a lawyer due to a false positive drug test; your first move should be to discuss the results and any current medications or food and drinking habits you have that may have affected your test results with your employer and request a re-test.
If a re-test isn’t allowed, or you feel your employment rights are being violated, you may consider consulting a lawyer or professional about your next steps.
Can You Reduce Your Chances of False Positive Drug Tests?
If you want to reduce your chances of receiving a false positive drug test, then you should follow all drug testing instructions given to you. These instructions typically include things such as not eating or drinking anything besides water up to an hour before your test, avoiding poppy seeds and tonic water in the days leading up to your test, and disclosing any medications (prescription or over-the-counter) you regularly take ahead of time.
Additionally, you may want to consider staying away from those smoking marijuana, as second-hand smoke may sometimes skew drug test results, and refrain from changing your vitamin and supplement schedule around the time of your test. Check with the agency or clinic administering your specific drug test for more information.
Drug Test Results and Your Rights
While drug testing among employers may be less common than we think today, there are still employment offers and other opportunities that are contingent on you receiving a clear drug test. However, sometimes false positives are obtained through basic urine drug testing, resulting in confusion and stress as you try to narrow down why your results came back positive for certain substances.
In many cases, you can speak with whoever requested the drug test and ask for a re-test, though keep in mind that depending on the employment laws in your state, your employer may not be required to offer a re-test. If you feel your rights are being violated, always consult with a professional and take your time to collect your evidence to dispute your drug test results properly.
