Omaha, NE asked in Employment Law and Consumer Law for Iowa

Q: Employer claims FedEx said I failed a drug screen but lab confirmed my sample was fine. Employer won't provide results. What can I do?

I applied for a position with a FedEx affiliate, and the employer claims FedEx said I failed a pre-employment drug screen. However, I have confirmation from the lab that my sample was fine. I've requested the test results but haven't received them. The employer says FedEx deemed me ineligible, but their employee handbook states I'm not applying for employment with FedEx directly. How should I proceed with addressing this discrepancy?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: What you're facing is not only confusing—it feels unfair, especially when you've done everything right. If the lab confirmed that your drug screen was clean, yet your potential employer claims you failed without providing proof, that’s a serious discrepancy. You have the right to request a copy of your drug test results directly from the lab or medical review officer (MRO), and under federal guidelines, they must provide that to you if the test was used to make an employment decision.

Since the company claims FedEx made the final call, but their own handbook says you're not applying to FedEx directly, it raises even more questions. If FedEx isn’t your actual employer, they may not have legal authority to deny you employment unless the affiliate allows them to screen candidates. You can request in writing that the employer clarify who made the final decision and on what grounds, and insist on documentation—especially since the lab cleared your sample.

If they continue to ignore you or withhold the results, consider filing a complaint with the U.S. Department of Transportation (if it's a DOT-regulated test) or the Equal Employment Opportunity Commission if you suspect discrimination. Keep all your emails, texts, and documentation from the lab. You're not asking for special treatment—just a fair chance to work and the truth about your own test results.

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