Am I done??

Let me preface my following comment by saying: I am not a lawyer nor do I claim to be so anything said does not constitute legal advice.

I'd be curious to find out if your sample was ever actually tested. If it was and came back positive, then the MRO would be required to notify the appropriate agencies and you're boned at that point. However, if you did provide a sample and the company cancelled the test prior to it being tested and the results certified, you may be extremely lucky since it probably won't end up on your record.

For the sake of clarity, I'm going to call the company that terminated your position "Company A" and any future employers you may work for as "Company X".

Now, if Comp. A fired you for "self exposure" (sounds really perverted) but never had your sample tested, they can't confirm whether or not you were positive. They only have your word to go on and as we all know, that can easily turn into a "he said, she said" situation. If Comp. X calls Comp. A to verify your employment, chances are the reason for your termination will come up at some point. I'm not in HR or a hiring manager or anything so I'm not too overly familiar with the protocol for asking about the reason for termination is, but I do know that companies are limited in what they can say about former employees.

The point I'm getting at with that is that Comp. A could very well say that they fired you due to drug use, but because of they way it was handled, you could argue that they never tested you and that it was only hearsay and it was never proven that you were indeed using illicit drugs at the time of your termination. To further that agenda, you could also argue that you don't have a positive / refusal result when your PSP is pulled (assuming the sample was never processed) and that could reinforce your side of the argument and could cause the prospective employer to doubt what Comp. A is saying about you.

Plenty of people have also chastised you about your drug use so I won't go there.

 

So much judgement here it makes me laugh. Fact -Cannabis is harmless and fun. He wasn't in a driving job. Just because something is illegal doesn't make it immoral. MOST of you passing judgement here probably have never even consumed cannabis. To the op- if the test results weren't certified, it won't go on your DAC or PSP. It's basically your word against theirs. If, however, you decide to drive again, consider this..if you test positive after a fatal accident, your fault or not, wether you were high at the time or not, you will almost certainly be charged with vehicular homicide and several other felonies. I've seen drivers charged as such for doing something negligenct, without drugs in their system. Best of luck.

 

It is a basic principle of our legal system that you cannot incriminate yourself, but that may or may not apply in this case. The fact that they never actually tested your urine and just took your self-disclosure as proof is probably more than enough to fire you if they wanted to, in most states you are an at-will employee and they can fire you without a reason at all. However, to report that as having failed a drug test is an entirely different matter, especially since you were not in a safety-sensitive position.

It sounds like you are getting screwed. A lawyer may or may not be able to help you, it could be this is one of those screwed up but entirely legal situations that the company may use to punish you. Feel free to message me if you want any more advice.

 

The most important thing everyone needs to remember here is this:

HE WAS NOT DRIVING. Nor was he going to be driving. He just happened to have a CDL working the dock for a trucking company. So he was not risking life and limb out there on the highway, and was not abusing the privilege of having a CDL. If he did not have a CDL, and assuming he didn't need one for this job, then he would never have been tested in the first place.

I guarantee that 50% of the dock workers out there that do not get drug tested are smoking weed either before or after work or both.

At the very least, you should have been made aware of the possibility you would be tested well in advance of actually being tested. If you were, and this all still happened, then you are probably SOL.

 

I'm not an attorney, but I don't think OP has a legal case. The first problem is there is no rule preventing company from testing anybody. Next problem is any fall out from the testing can used against you. Best thing is to stop smoking the bong and look for another job.

 

Another thing about the being judgemental statements. I personally don't care how you chose to live your life. I'm also not convinced that hitting a bong from time to time makes you dangerous to drive. The issue is according to federal law marijuana use is illegal and by FMCSA rules you don't use it as a CDL driver. Like I said if you want to hit the bong do so, its your life. Just don't come on these forums crying about losing your job later. Because the biggest majority of the posters here will either laugh at you or simply ignore you. Every single person connected to the trucking industry should know by now any bong use can be hazardous to your career.

 

Depending on your state of residence you can be fired for no reason and no cause. Here in Ohio I can be fired without cause and i can quit without cause and without having to give notice.

 

Just get a copy of your DAC report. Its the only way your gonna know if it's on there & a lot cheaper then putting a retainer on a lawyer you may not need. If you do lawyer up he's gonna need your DAC anyway.