Need advice for how to deal with a "refusal to test" issue with former company & Clearinghouse

To be blunt, I think you're screwed. We hear this a lot here, and the general consensus is you can't win. I'm out of the loop considerable, but this hasn't changed. They call the shots and if you don't do as they say, you deal with the consequences. That "refusal" goes to the Pentagon, and you'll never get rid of it. It's like jury duty, there are very few excuses, and I think you may have shot yourself in the foot. The company knew full well it was towards the end, and wanted to get "1 more" before you left. I don't think your working days are over, it's just I doubt you'll ever be able to drive a truck, sorry, welcome to the 20s.

 

I don't know that there is anything you could do besides go through the return to duty process. You'd have to enter one of those substance abuse programs or whatever its called and have your status changed after completion of the process to "not prohibited", or whatever the designation would be. From what I have seen on the threads here there are pretty slim pickings of companies that will touch SAP drivers.

 

You were required to test.

Nothing you can do about it now.

Had it been an actual alcohol test then you would be in the clear.

Just another idiot employer who waits until the last minute to notify the driver. They got 3 months prior notice that you need to get tested.

 

We have seasonal drivers and if one is selected while they are on lay off, I will call them and ask if they are available to test. If they say no, I will just mark them as unavailable, but they will have to do a pre-employment test before they come back from lay off. I explain this to them before they go on lay off.

I would pull out this company's Drug and Alcohol policy that you should have signed and see what it says about taking tests during your time off. They should not have asked you while you were off, and they should not have marked it as refusal to test if what you are saying is true. Unfortunately, you may have to lawyer up.

 

If they were on actual layoff you need to remove them from your consortium since they technically are no longer an employee.

You don’t call an ask if they’re available. Once you notify them of a random they need to do it then and now.

Only the alcohol test you can’t call when they’re off duty home time etc.

 

One more thing..
Once an employee is gone for 30 days then technically you need to start over with them..job application and the whole nine yards.

One could skirt this regulation by having the employee take a paid online safety course or another task that resets the 30 day clock.

 

We still pay their benefits so I believe they are still technically employees. There is an option in our consortium to mark them unavailable, if you remove them from the consortium then they would have to do pre-employment before you add them back correct?

 

You said that you’re seasonal driver.

Were you laid off?
Had it been more than 30 days since you worked for them.

If you didn’t do anything for them for over 30 days and were on layoff then you can fight it through data Q..

Otherwise you’re screwed.

Drivers need to learn the rules since a lot of carriers haven’t a clue what they’re doing.