(Need Advice) Urine Test Negligence...Potential Lawsuit

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by RubberDuckie, Jan 8, 2017.

  1. RubberDuckie

    RubberDuckie Light Load Member

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    Good Evening all,

    To start off, I won't be mentioning the carrier, my location or anything else that may hurt me in any potential lawsuit in the future. I'll try to keep it short:

    I went to orientation roughly 3 weeks ago, took the whizz quiz, made it to the end of orientation. My urine test results however, have not yet come back. So I go home and wait.

    I get a call to come back to orientation 2 days later so they can wrap up some paperwork. Come to find out it's an ambush, my test results came back as a "Negative Dillute". (I drank a good amount of water that morning to make sure I could go. I drink pretty much only water and Tea anyway) I'm told I have to retake the urine test right then and there. I agree, I piss in the cup and submit the specimen.

    To rewind a bit, something told me to turn on my Audio Recorder on my phone when I got there. Just a hunch. Glad I did it. I have the person recorded telling me my test results, telling me to retake the test, and me agreeing. After I took the test, they then tell me to go BACK home and await the results. I have this recorded too.

    Almost a Week goes by so I call them and I'm told that I may have a refusal on my record because this person apparently forgot to have this second test supervised. I have the chain of custody paperwork to prove both test; the initial test and the second specimen submitted. We all know what a refusal on your record can do to you. I didn't refuse to do anything. Again, I have the paperwork and audio recording to prove that I showed up as told, submitted another specimen for urinalysis and went home as instructed. This person that the carrier apparently trusts and trained to perform these tests didn't do their job.

    Not looking for legal advice. I just figure more heads are better than one and maybe someone here has had this happen before.

    Thanks to everyone and have a good/safe year!


    ****UPDATE**** 1/9/2017

    Just got off the phone with a person from the company and they're basically screwing me over, putting a refusal on my record because of their employees' negligence. I guess I'm now forced to seek legal representation as this is the only way to have this fixed. I tried to talk to the company to have this resolved but they are refusing to acknowledge their mistake. They are pretending like no second test took place. Making copies of the Paperwork as I'm sure I'll need this chain of custody documentation to prove I did in fact take a re-test after the initial "Negative Dilute" results from the first one. Still open to advice, but yeah. I tried.
     
    Last edited: Jan 9, 2017
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  3. UsualSuspect

    UsualSuspect Road Train Member

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    Did you explain to them you did as you were instructed, have the documentation stating you showed up, and never refused? Tell them they need to document how you refused, and their policy in writing. I am guessing the test results in both are deemed diluted, which makes it look like you basically used water with little to no urine detected. When you gave either sample, didn't someone watch it flow from you into the specimen cup? I would also ask they retain samples from both for independent testing at your lab, at a later date. If you really want to work there, tell them you gave 2 samples, you are not sure why they feel they are not sufficient, but you will give another one to show them it is your urine, and they can monitor you giving the sample. If you don't want to work there and no one watched it flow from you to the cup, shame on them, but it becomes a he said/she said, they will say it was a bogus sample of water, you will say it wasn't.
     
    RubberDuckie Thanks this.
  4. Mark Kling

    Mark Kling Technology Contributor

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    The person giving the test would have had to log you into some sort of records. Ask for that. If they did not and you have the chain of custody that is dated, I would fax them a copy of that... do NOT give them the original.

    The Label on the cup should match the records that were logged in.

    Did you take this test at the company or at another location?
     
    RubberDuckie Thanks this.
  5. rpad139

    rpad139 Heavy Load Member

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    I've had diluted urine many times before. Found out coffee and tea are diuretic to the body;not a good idea before a urine test.
     
  6. Powder Joints

    Powder Joints Subjective Prognosticator

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    You dont have a lawsuit, your recording, unless ou have permission can not be used and very well maybe illegal itself. Unless yur in a public place there is a reasonable expectation to privacy and both parties have to agree to be recorded.
    As far as the pee test, move on ypu probably can find a better carrier.
     
  7. TequilaSunrise

    TequilaSunrise Medium Load Member

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    How can he move on if he has a refusal on his record??
     
    Dumdriver, alghazi and RubberDuckie Thank this.
  8. 123456

    123456 Road Train Member

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  9. Pepper24

    Pepper24 Road Train Member

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    Yea,yea,yea. Just another case of the man keeping you down.Good luck with suing the man you'll probably end up owning the company,then you'll be the man.then you can smoke all the pot you want.
     
  10. KillingTime

    KillingTime Road Train Member

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    If he lives in a 'one party state' like Maine - his recording will hold up in court. Second party doesn't have to have any knowledge they were recorded.
     
  11. pattyj

    pattyj Road Train Member

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    The person that gave the test could have done it wrong like. part of the cap wasn't on exactly correctly or a tab could have broke off.
     
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