I took a pre-employment drug test but they lost my sample.

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I took a pre-employment drug test but they lost my sample.

I took a pre-employment drug test and my sample was lost. They are claiming I was never there. I handed them a slip of paper with a barcode that I was instructed to take to the facility and initialed the sample. I was not provided with a receipt to any other documentation. I am contacting my cell phone carrier to see what I need to do to prove my location on the day I was there. What other course of action do I have? I turned down another role for this one, so I will suffer financial damages if my offer is revoked.

Asked on January 2, 2018 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Without a written employmment contract guarantying you the job for a definite period of time (such as a one-year contract), there is a very little you can do: when there is no contract, employment is "employment at will," which means the employer can freely decide who to hire, who to retain, who to fire, and may renege on job offers. Without a written employment contract, they are not obligated to hire you and may refuse to do so for any reason--including ones that may be factually mistaken or wrong.


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