breath test problems

Who cares now?
The rat b8statds he worked for tossed him under the bus and he ain't gonna work for them again
They can't hurt him.

 

I would say you have a couple potential lawsuits. One for sure to the Weight station inspector for negligence . The second law suite for his former company for divulging personal information to a potential employer. They are only allowed to give what dates he was employed their and if he was rehireable, anymore information then that is grounds for possible suite.....

 

A buddy got "detained" at the scale for gargling with Scope.Made him sit for 2 hours till he was 0.0. No tickets.

 

Actually there is no law that states what can be given gfrom past employers. It's good business practice to not give more than dates, but thats so the company cannot be sued. Heck if it was illegal how could DAC be around?

-Steven

 

There is no restriction to naming the company if what you are posting is fact. By doing so you will be assisting other drivers in avoiding what is obviously a less than scrupulous company. Would you not appreciate the same in return if you were researching a company?

 

No, I don't think there is any recourse. Given that the OP's husband was a lease operator he was likely treated as a contractor rather than an employee. Therefore any protection that might be afforded an employee (i.e., wrongful dismissal) would not be available. Any recourse against the state and/or the employee in question regarding the initial breath test would likely just be long, expensive, frustrating and yield nothing.

Sadly, the best outcome is likely just what has happened to-date; hubby has a new job and learned some expensive lessons re: knowing one's rights and demanding the proper legal processes be followed. In hindsight hubby should have retained a local lawyer immediately upon being suspected of alcohol use.

 

And people wonder why l don't bash unions at the first opportunity. Somehow I don't think this would have been handled this way at a union shop. Owner operator or not.

 

A lease (owner) operator is not an employee of the carrier; they may be an employee of the entity that owns the truck (can be a company, sole proprietorship, partnership, etc.). There is a contract for services between the carrier and the entity that owns the truck. The carrier can likely cancel that contract at any time and without notice (subject to the terms of the contract). The entity that owns the truck may have the opportunity to place a different driver in the truck and salvage its relationship with the carrier (again, subject to the terms of the contract).

Union or not wouldn't make any difference.

 

Because your buddy didn't know the rules. The DOT rules state he gets tested again in 15 minutes for any breathalyzer failure. The reason for the mandatory 15 minute retest is mouthwash.

Everybody uses it, thankfully, and because of this they figured out all alcohol in mouthwash is gone in 15 minutes.

So once you blow hot, they give you 15 minutes (because everyone says "mouthwash!!") then make you blow again.