sent for a "reasonable suspicion" drug test on monday ....WTF?

Discussion in 'Trucker Legal Advice' started by weirdpuckett, Aug 25, 2011.

  1. CondoCruiser

    CondoCruiser The Legend

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    Things are a little different in the trucking world. You can be terminated at anytime without cause or starved out. You are going to have to leave your past world behind you or you won't make it.
     
  2. truckersjustice

    truckersjustice Light Load Member

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    Wis Bang is entirely right on this issue at least to the extent this is going to be categorized as as DOT Controlled Substance or Alcohol Test. You need to take steps to find out the identity and training that the person who observed you had. Send a letter to clinic, collection site, and carrier asking for preservation of all records relating to this matter including identities of the person to whom the report was made.

    This is not likely to get you your job back (the firing was most likely legal) but if you can get this test cancelled as a DOT Controlled Substance or Alcohol Test, there would be no mandatory reporting requirement.

    Paul Taylor
    Attorney

    NOTHING IN THIS POST SHOULD BE CONSTRUED AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP.
     
    Last edited by a moderator: Sep 13, 2011
  3. flyingmusician

    flyingmusician Road Train Member

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    Having spent 15 years as a senior manager in the transportation sector, a supervised escort for a reasonable suspicion test is the normal procedure for most companies and I have escorted several employees myself during my time as a manager....

    however, the 'reasonable suspicion' under most any companies policy must have documentation and has to be concurred and documented by at least one other member of management for a total of 2 documented observations of the behaivor that caused the 'reasonable suspicion'.....

    without that, they clearly overstepped their bounds as an employer under the regs and general good business practices.....not to mention most companies at least having some type of legal guidance in setting up these procrdures

    unless there is more to the story than you're telling us
     
    Last edited: Sep 1, 2011
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  4. weirdpuckett

    weirdpuckett Medium Load Member

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    Ok everyone . . .an update. I am still employed here- have gone on 3 routes since the screening on 22 august.. on 25 august I brought a written request to my supervisor personally, requesting the copies of the alcohol/controlled sub results AS WELL as the documentation they are required to fill out concerning observations (FMCSR 382.401 etc.).

    I did not hear anything ...so I thought I would get H.R involved...I told the H.R gal on the phone that I did these things and got no response from my trans mgr. thus far...She then calls me back after speaking with them (she was not aware I was even tested) and says that it was all just a mistake and a "misunderstanding"

    I tell Her that I need the copies I requested as it IS still the federal law and I still took the test as I was required to and now the company must comply as well....she gave me the runaround and explained that these D.O.T things are not her thing and I should talk with transportation Dept.. Got NOWHERE to say the least....
    Then, when I came in the 30 th- off of a route I find my own ,original written request in my own mail box! They have no intention of keeping the request on file! Now what?
     
  5. weirdpuckett

    weirdpuckett Medium Load Member

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    I have decided to give two weeks notice to this company . . .It's a shame too...I love the pay -home every other day and no Saturdays...about a thousand a week! Flakey supervisors are just too much of a liability . . .
     
  6. 123456

    123456 Road Train Member

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    I'd call Paul Taylor............
     
  7. Big Don

    Big Don "Old Fart"

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    I believe that is exactly what they are looking for. Why, of course is something that only you can (perhaps) know. It may be something as base as they don't have to pay a newbie what they are paying you.

    Think I'd do some hard thinking before giving notice. But that is just me.
     
  8. UFO

    UFO Light Load Member

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    if everything you have stated here is true, you do have a good reason to speak to a lawyer, and should. file a complaint with the e.e.o.c.. in the meantime, do your job, be nice, threaten nobody, and do not tell anyone what you are up to.

    remember, after you leave, your dac report can affect your ability to get another job, and i doubt they are going to put anything positive on your report. some companies make things difficult enough for people to quit so they don't have to pay unemployment.

    oh yeah. NEVER hand someone a piece of paper. send it registered mail return receipt requested. a lawyer knows this, which again, is why you need one.
     
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  9. weirdpuckett

    weirdpuckett Medium Load Member

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    O.K I spoke with the head trans mgr. and things are cool....I got copies I requested and He says it was a big flub . . .just gonna leave it behind me . . .keep working . . .
     
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  10. CondoCruiser

    CondoCruiser The Legend

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    Good deal! Making money is why you are there.

    Sounds like a communication breakdown now. Drive forward and what's behind you in your mirrors gets smaller and smaller. ;)

    A flub still sounds like someone called on you and they were proved wrong??? Are you sure you didn't just break up with someone?? :)
     
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