Maybe, you had a crazy night where things got out of control, and you ended up taking something that you regret. It is just your luck that your employer has you scheduled for a random urine test in the morning, and now you are in trouble. Or, you are applying for a new job, but you didn’t know your potential employer would require you to pass a urine test as part of the recruitment process.
These are all likely scenarios that might result in a positive urine test. It is why it is essential to understand the consequences of failing a urine test and what the steps are that you will be required to take. Staying informed and knowing your rights should be a high priority for every potential employee before signing an employment contract.
We have prepared a short guide of the most important things to consider when failing a urine test, and how to proceed after receiving the bad news. Positive urine tests are not as uncommon as some might think, but their consequences vary drastically.
Know Your Rights and Be Informed
If you are engaging in the use of banned or controlled substances, there are things that you have to educate yourself about when entering the job market. Each state has its own set of urine testing laws , which outline what kind of testing employers are allowed to perform during the pre-hiring process, and with their employees.
Make sure that you understand the kind of protection you are offered under the law. Go through the company’s urine testing policy and check that you understand how the company handles urine testing and what you can expect if you fail a test. In many instances, this could help you minimize the effects of a positive urine test and help you to avoid losing your job.
Positive Urine Test Consequences
The consequences for failing a pee test varies depending on the circumstances of the test, legal precedents, state laws, and the current policy at your place of employment. It is not uncommon that two individuals with failed urine screening tests experience different consequences. For example, failing a urine test for using medicial marijuana at your place of work might result in a more severe punishment compared to using them on the weekends.
Here are consequences that you might face after a failed pee test:
Job Termination or Withdrawal of a Job Offer
There are certain professions and industries which enforce a zero-tolerance policy when it comes to Urine testing. In these cases, the likelihood of keeping your job is extremely slim. Some states have laws in place to protect employees from being immediately fired, requiring you to undergo rehabilitation.
It is essential that you know the laws of your state when it comes to urine testing. If you are working for the Federal Government  or serving in the law enforcement or defense, the consequences might be even more severe. A formal discharge is usually accompanied by the reasons for dismissal, for example, rendering you unfit to work in those types of jobs in the future.
If you were in the process of applying for a new job, for example, the most likely outcome is that your new job offer would be withdrawn.
Suspension and Probation
Job termination is a severe consequence for failing a Urine, but suspension and probation are also quite a common occurrence. In states where the law protects the employees from being fired for failing a urinealysis test, most of them end up on probation or a suspension. During this period, the employees might be required to undergo regular urine testing and complete rehabilitation therapy  or counseling.
Failure to accomplish this recovery might lead to job termination, while a successful process would return the employee to full-employment status and rescind the suspension. The probation period might last much longer, as employees need to pass all the required tests in each period to clear the mark from their employment record.
In certain jobs and industries, a positive urine test might be a cause for legal action. If the use of banned or controlled substances while on the job severely endangers the lives of people around you or might have already resulted in injuries or death, you would likely be subject to legal action.
Depending on the legal proceedings, a positive urine testing might just cost you a fine or be accompanied with either a probationary period or prison term, in the most severe cases. If you have been involved in similar circumstances and failed a piss test, seek legal help immediately to mitigate the proceedings.
Failing a urine test should not be the end of a career for any individual. It is a serious issue that has to be handled carefully and with discretion. Most of the states try to protect individuals by guarding their privacy in matters like this, but your subsequent actions will also affect the outcome.
Most companies are not allowed to disclose this information to outside inquiries (except law enforcement). It prevents potential employers from creating blacklists of employees, for example.
Make sure that your employer respects your rights and keeps the test records confidential. Employees have to be notified in person about a failed test, and handed a formal written result, or informed through sealed mail that is labeled ‘private and confidential.’
Rehabilitation and Counseling
In the case of a failed urine tes, you might be asked to undergo rehabilitation and counseling related to substance abuse to regain your full-employment status. Most companies with a annual testing policy have contact with registered and certified professionals working in the field. Being assigned to one of these types of programs is the best way to reassure your employer.
Sometimes, undergoing rehab and counseling might seem like an invasion of privacy, but it is a necessary step. The process might also include random urine testing for a designated period and a probationary period after completing the rehab process.