suspended from work after random drug test

[davey]

Following the drug test, the results showed a narcotic sibstance in my system. I do not partake in any form of drug. But i take occasional steroids and pre workout drinks at the gym that boost my energy levels. I have no explanation whatsoever as to the narcotics in my system. I'm currently suspended on full pay and due for a disciplinary hearin in 10 days time. My supervisor and area manager have both agreed to give me excellent work references. I'm thinking of resigning before the hearing. But, i need to know will HR from the company say the reason why i was suspended in the reference for future employers? Any advice will be greatly appeciated.

[Buenchico]

Any proper drug testing programme should create 'A' and 'B' samples. You should be given the opportunity to have the 'B' sample tested by an independent laboratory. (That might be at your own expense but if you're in a union they may agree to pay for the test).

However, since it's illegal for anyone to supply anabolic steroids in the UK (other than a pharmacist, upon presentation of a doctor's prescription), I have to assume that you've used an 'unofficial' source for (what the law regards as) Class C drugs. That means that:
(a) you can't really be surprised if they contained something other than what you thought they did ; and
(b) you might be admitting to a criminal offence if you mention using them.
(It's not an offence solely to be in possession of steroids but ONLY if they're in GENUINE medicinal form, and not counterfeit. Possession of 'unofficial' steroids is a criminal offence).

There is no specific law which dictates what a past employer may say, or not say, in a reference. (Indeed, no past employer is ever obliged to provide a reference). As long as what is written is truthful and not misleading, any factual information (together with 'fair comment') can be included.

Many employers choose to 'keep things simple' and make no reference as to why their former employee left their service. Others might choose to disclose such information only if it was likely to be of direct relevance to the future employment which was being sought. (e.g. anyone who left a railway company because of a failed drugs test could reasonably expect that fact to be disclosed if they then applied for a job with a different railway company - safety issues are always taken extremely seriously within the rail industry). A few employers might choose to always mention why someone stopped working for them. (It's against what many people regard as 'standard practice' but it's perfectly lawful).

Chris

[davey]

Thanks for your your reply. I'm definitely going to resign before the hearing anyway, ive argued my case to my managers, but they are not the ones to decide at the hearing. My area manager doesn't want me to leave the job, as im very experienced in my field, but at the end of the day a foreign narcotic substance has been found in my urine sample. All i need to know is, do they have to state in a reference to new employers the reason i was suspended and what was found in the urine sample. As my area manager and supervisor have personally told me they will give prospective employers a good reference, but this has to be forwarded to HR before being passed on to future employers. Will HR tell new employers about the test results, and why i was suspended before i resign, or should i face the hearing. I was beginning to feel low about the job anyway, hours of work, level of work etc. please respond if any further advice. Davey

[Buenchico]

Thanks for your reply but, however may times you ask, you're not going to get a definite 'Yes' or 'No' answer to your question.

As I wrote above (as long as they steer clear of the law on defamation), the HR department is free to adopt whichever policy they choose about providing references. Different employers will have different policies. My guess is that they'd only mention the failed drugs test if it was directly relevant to the type of employment which you might be applying for. (See my rail industry example, above). Most HR departments tend to 'take the easy way out' when it comes to references, so as to avoid any possible legal challenges, but (as I've stated above) there is no legal bar to them stating the reason for the termination of your contract, irrespective of whether that came about through your resignation or dismissal.

[davey]

It's a tricky one is this. So HR dont have to give a reference if they dont want to? Obviously i dont want to ruin my chances of gaining new employment, plus if i have to sign on while searching for employment, i'll be waiting upto 12 weeks for any benefits. But thanks for your advise, think i'll be in touch with a solicitor and see what happens,
cheers anyway
davey

[boxtops]

It's not necessarily HR who give the reference. Where I am, reference requests come direct to me, nothing to do with HR. If there were a question about "has this person been known to take illegal substances", I think in your instance I'd have to say yes, wouldn't I? - but I'd seek advice first.
On the other hand, plenty of new employers don't ask that question, just did you keep good time, were you reliable, would you re-remploy, etc.

[davey]

Thanks for responding, but the fact is i havent taken illegal substances, and the last time i took steroids was around 6 weeks ago. i start my new cycle in 2 weeks. But, i was given a pre work out drink, which is in powder form, which you mix with water, before you train. It just gives you a boost of energy levels to train harder and lift heavier weights. Obviously im not going to name and shame the guy who i bought it from at the gym, im certainly no grass. But i dont think ive got a leg to stand on to be honest. So ive not got a clue how this narcotic got into my system. This is the only way it could have got in, wether it was spiked, i havent a clue. thanks for the reply,
davey

[wolf63]

I am lost - why don't you just wait for the hearing and see what your employer says? If you haven't taken an illegal substance there may be a genuine reason for the test to be showing an illegal substance (not sure how though).

[boxtops]

So why resign, then, davey? - if you don't know how it got into your system, and you're not aware of taking anything illegal, isn't that a justifiable plea at your disciplinary hearing? (and you certainly can take representation to a disciplinary, you don't have to go alone). For any employee of a company who drug-tests, you'd be foolish to take anything which might show up on a random test - and as far as you know, you didn't.

[jno]

nice of you not to grass up the guy who sold you this, but if it's lost you your job you should maybe have a word with him about it?

[Maydup]

What a future employer will ask you and your previous employer is why did you leave your last job.What's your answer?

I'd go to the hearing, see what's the worst that can happen and then decide whether or not to resign. If you get a warning and nothing more then hang on to that job for a bit longer and then leave when its all settled down if hyou fancy a change.

[vodkancoke]

Surely if you resign, you are letting them think you are guilty and you will forfeit any good references they were going to give you. Why not stick with it and prove them wrong? There must be ways to prove you haven't taken anything.

[mike11111]

What might help to clarify things is if we knew the nature of your occupation. There are not that many fields of employment which go in for routine random drug testing.

[boxtops]

some companies do, though, mike, as a matter of course.

[davey]

I'm a mechanical engineer, working on 2 mega watt generators. Its a very demanding job, my work has never been faulted, very rarely take time off for sickness, maybe one day this year so far. I have a diploma in engineering, NVQ in mechanical/electrical engineering. Been in this job for 3 years and have a good working relationship with colleagues. Ive worked all over the world, India, USA, Canada, Ireland, Holland and Denmark for the M.o.D, so any type of drug taking, well, i'd stupid to partake in such a thing. I'm not resigning because im guilty, im innocent, but just cant prove otherwise. The workload was beginning to get me down anyway. Every 4 weeks i was on a 56 hour call out non stop for no extra pay because im salaried. I just really dont want a sackable offence on any working hystory record. I'm 35 years old and moved 500 miles away for this job, because there is nothing up north. Left my son behind, so im working to support him. Just dont know what to do. But as they say, as one door shuts, another opens. Trying to be optimistic, but worriied about the reference. thanks for your replies. gonna sleep on it
Davey

[beso]

Eat enough poppy seeds and it can give a positive test for opiates.

[woofgang]

well yes beso but how many sacks full would that be?

[beso]

Although the amount of poppy seeds required is unlikely to be consumed it is not impossible to consume. It isn't "sacks" that are required.

Maybe you ate poppy seed bun and there was a batch of poppy seeds from a mutant stain that was a 1000 times above normal. (If you have enough money you can proved this in court.)

Serious though I would be getting the second sample independently analysed. If there is no second sample then you will walk on this indictment. They should be able to tell you the drug detected. I would insist on a receiving a copy of that report.

You say you have not taken what they claim to have found. Then you should proceed on the assumption that they got it wrong.

[boxtops]

I wouldn't resign before the disciplinary - you are not giving yourself the chance to clear your name. They may have got it wrong, they have to prove it that you have broken company policy. If you go now, there is a cloud over you. Go to the hearing, with representation - if you get to keep your job, THEN you resign (but only when you've found another one!)

[EDDIE51]

I would insist that the sample was retested by another laboratory , contamination and /or mistakes have occurred before now.
Do not resign as that will be taken as an admission of guilt , I am pretty certain they can not sack you on just one failed test if you insist , as you must, that it is a mistake. Are you in a union if so get their legal advice team on it.
I would most definitely not throw away a long held job over an unproven allegation. If you did resign what is to stop the employer saying in a refrence that you resigned to avoid a disciplinary hearing , I have seen that happen.
What was the 'training drink' does it have a name ? IF you did have drugs in your system that is the only place it can have come from ! Surely you are not so daft as to just take an unknown substance supplied by 'some guy at the gym'?
To go back a bit, as Buenchico says the company should have provided 2 samples , their failure to do this almost certainly means the result can not be taken as conclusive evidence of misconduct and can not be used as a reason to sack you. The procerure for dismissal for gross misconduct ( which has to be what this is ) is VERY specific and has to be followed to the letter , the smallest mistake and the whole thing has to be cancelled, you HAVE to get legal advice and get someone to go to the hearing with you and put your side of the case . DO NOT JUST GIVE UP & RESIGN !!!!

[arnoldblack2010]

your false positive was bound to be caused by the energy drinks many of which contain dubious stimulants such as the recently banned in uk jacked 3d. Pretty sure you could fight the case and win especially if u live in the uk. UK steroid law has changed recently and ug steroids are no longer treated differently from licensed ones and are 100% legal for possession and use according to this website http://buysteroidsuk.co/ Good luck with your case.