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

Pepper24 · Jan 9, 2017

Well how would you prove who you really were recording.

RubberDuckie · Jan 9, 2017

My issue is simple; I am not familiar with DOT Regulations regarding Drug Testing. The person the Carrier hired to administer these tests should have been. I came in the second time not knowing I would need to retake the test. I didn't find out about the Negative Dilute until I got there. Then they told me to take another. I did, and have the papers to prove it. The fact that weeks later these people decide "Oops, we screwed up and did the test the wrong way" isn't my fault and isn't grounds for them to put a Refusal on my record, which is what they are doing. Again, I have her on Audio as well, calling me by my name, telling me the results, telling me to retake it, me agreeing and her telling me to go home and wait to be contacted. I'm not sure how exactly some of you are coming to the conclusion that I somehow cheated the test. The results from the second test aren't even in because apparently they threw out the sample after realizing they did something wrong. I don't see how it's my responsibility to make sure their employee knows what they are doing. I also don't see why I shouldn't be able to work and provide for my family because this person was negligent. I guess some people will always assume the working man is trying to screw over the Companies. I don't want a lawsuit. I just want them to acknowledge their screwup and fix this. I even offered to come in and take the test in whatever correct way it should have been done before, but they declined. Even offered to go to an independent clinic like Concentra and have them do it the right way.

Opus · Jan 9, 2017

Duck, tell them you'll happily submit to (and pay for if need be) a hair test. You can't have a refusal on your record.

Trucker Paul · Jan 9, 2017

RubberDuckie said: ↑

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.
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Hey this company wasn't Melton Truck Lines was it? I know that they pull that kinda stuff on drivers

alghazi · Jan 9, 2017

Powder Joints said: ↑

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.
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Wrong.

Depends on the law of the state where the recording was made.

And move on? No, don't move on. There's now a refusal wrongly entered on his record. He needs to fight like hell to get it removed.

RubberDuckie · Jan 9, 2017

Trucker Paul said: ↑

Hey this company wasn't Melton Truck Lines was it? I know that they pull that kinda stuff on drivers
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I don't want to disclose the carrier as it may give them a heads up as to what I'm doing next. I'm not assuming they did this to spite me. What it is is that they clearly screwed up and have basically told me "Tough Luck". Yeah, no. Lawsuit.

alghazi · Jan 9, 2017

Pepper24 said: ↑

Well how would you prove who you really were recording.
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Easy. His testimony that the recording is, in fact, that employee and that it is a true and accurate recording is enough to authenticate the recording.

Ooops · Jan 9, 2017

A letter from your Attorney to start with , then their response. I bet you will prevail since this outfit seems to be a bunch of idiots. Get their attention with your lawyer.

Opus · Jan 9, 2017

Here ya go Duck........if memory serves, this is the correct state

Georgia's wiretapping law is a "one-party consent" law for purposes of making audio recordings of conversations. Georgia makes it a crime to secretly record a phone call or in-person conversation "originat[ing] in any private place" unless one party to the conversation consents. See Ga. Code §§ 16-11-62(1), 16-11-66 (link is to the entire code; you need to click through to Title 16, Chapter 11, Article 3, Part I, and then choose the specific provisions). Therefore, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

http://www.dmlp.org/legal-guide/georgia-recording-law

Pepper24 · Jan 9, 2017

alghazi said: ↑

Easy. His testimony that the recording is, in fact, that employee and that it is a true and accurate recording is enough to authenticate the recording.
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Thanks wasn't sure if the other party could just say that wasn't me on the recording.Now how can they put anything on your record like refusing a drug test if your not employed with them

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