Sue a DOT drug test collection site for lible and defamation?

Discussion in 'Trucker Legal Advice' started by tharealbaer, Oct 13, 2012.

  1. tharealbaer

    tharealbaer Bobtail Member

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    This SAP requirement, is this a DOT mandated thing, or something most companies will make their dirvers do before returning to work?
     
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  3. jgremlin

    jgremlin Heavy Load Member

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    Time to lawyer up son.
     
  4. FozzyNOK

    FozzyNOK Road Train Member

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    You left the test site. Did the clinic staff release you to go outside? These people have to follow the rules and there are no gray areas that they want to flirt with. You can go ahead and sue the clinic if you find a lawyer to do so, but I just really don't see that you have much chance on anything.
     
  5. tharealbaer

    tharealbaer Bobtail Member

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    yea, those of you who say that a law suit will go over as well as a turd in a punch bowl are probably right. I'll see what they have to say tomorrow when they're open anyway though. In the event that a suit won't fly, I wonder if there's any other recourse I have to salvage my reputation. I don't want to look like a reformed druggie when in fact I'm not a druggie at all. If I can keep my job, I'll be happy. I'm not sue happy... all I really want to do is go back to work and earn a living, but I wonder if there's something I can do to fix my record.
     
  6. rocknroll nik

    rocknroll nik High Risk Load Member

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    you can dispute anything on your DAC report......but I think you're in a bit of tight spot on this.....I believe condo cruiser had the right answer in that the door or threshold is where the "testing" site ends.......talk to a mouth piece talk to your boss see if you can get another test done....that's all I got man......good luck
     
    CondoCruiser Thanks this.
  7. CondoCruiser

    CondoCruiser The Legend

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    It's a DOT thing but you might get by with just an evaluation. I know it sucks and I feel for you. I wouldn't go down without a fight but things are hard to prove in your favor unless a lawyer can identify one of the witnesses and maybe bring a fight of you weren't made aware of the boundaries. But the catcher is drug tests are medical records and those in the office are protected by ERISA. A lawyer couldn't review the drug tests of that day to acquire names and addresses. So it's down to the nurse's word against yours.

    I would call your DOT field office. This list is numbers specific for regulations Q&A and they can tell you a whole lot more.

    http://www.fmcsa.dot.gov/about/contact/offices/displayfieldroster.aspx
     
  8. tharealbaer

    tharealbaer Bobtail Member

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    in case anybody was wondering, I got my job back. I can't say who my company is, but the safety director is a former driver, and a very reasonable person. I'm back in the driver's seat tomorrow. Thank you all for your help and advice. It is most appreciated.
     
    Lilbit and rocknroll nik Thank this.
  9. Meltom

    Meltom Road Train Member

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    Glad you got your job back, did you learn anything from this?
     
  10. aktundratugger

    aktundratugger Light Load Member

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    in fact you are a druggie, you smoke. it's that drug that got you in this mess.
     
  11. Lilbit

    Lilbit Road Train Member

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    Cigarettes are legal, so no he's not a druggie. That is what got him into the mess though . . .
     
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