Interesting topic please reply?
Should employees whose job security and reputation have suffered as a result of false test results be allowed to sue the drug-testing labs for the tort of negligence? In such situations, do drug-testing labs have a duty to the employees to exercise reasonable care in conducting the tests?
Answers:
If you can prove that the lab was negligent sure you can sue them for damages that occur.
I am almost sure they are allowed to sue. People can sue for just about anything in this country these days. If the results were said to be false when they were not than that is one issue, however if they are false it is the false of the person and noone else. Seems like a stupid reason to sue, but everyone is money hungry to why not?
I don't see why you can't,after all,they were negligent & should be made to pay for the consequences.
NO, you should not be allowed to sue after having 1 false positive. Errors are bound to happen. The tests are not 100% accurate and do not claim to be.
AND
YES, employees whose job security and reputation have suffered as a result of multiple false positives should be allowed to sue.
If your reputation and job security are all riding on one test, you should be allowed to take the test again. Drug testing/screening is not 100% accurate and is bound to have false positives. If you are not allowed to take the test again, and your employers fire you because of the false positive, and have not asked you to take the test again... then I would say that you should sue the employer for wrongful termination not the drug test/screening lab for negligence or lack of reasonable care.
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