Drug Test Negative - Still Fired?

The thing is that he shouldn't be driving a commercial vehicle anyway. His admitting that he uses is as good as a positive drug test on his record. No reputable company will hire him now unless he goes through a substance abuse program and stays clean.

 

Ok let me get this straight. The second test came back negative but he was fired for admiting he does drugs. Did I get that right? If I got that right than he should have been fired. Ask him to say "hi welcome to McDonalds can I take your order". He has pretty much talked himself out of the trucking industy for a little while.

As far as loophole how about telling him to quit using. That might be a start.

 

the thing is that the company will show on his DAC that he was terminated. He will have to explain why he was terminated to any other company he applies with.

 

Yup, agree with that. Someone doing drugs and getting behind the wheel of an 80,000 lb weapon is not good.

 

I guess this isn't going to be popular, but how many of you stone casters drink alcohol? I think that if you use drugs, alcohol has to be included in that overall descfription of your leisure habits. Of course a drug test won't identify you the next day as a drug user, but drug user you are. If you're going with the "its illegal" argument, then everyone who commits a misdemeanor (which the use of marijuana is almost anywhere) should hustle over to their terminals and turn in their rigs now, because they aren't fit to drive a truck according to these posts. As to your question about getting your job back, why work for a company that doesn't want you? The truth is, many companies don't report to USIS (dac), and if your former employer does, you are entitled to contest information contained thererin. Truthfully, a simple threat of libel should be enough to halt further disclosure of your confidence to the driver manager. Its kind of hard, as USIS will behave as if your file is a state secret, and under no circumstances sign anything but a release for your current dac file. They will also play dumb in the hopes that you will go away rather than pursue the perfectly legal remedies that you are entitled to as a citizen. Some people, even other drivers, are obviously going to treat you as if you don't have rights because you drive a truck, but the truth is, the legal record is clear- you tested negative. The conversation that you had with your driver manager is he said/she said.

 

Yes all drivers who use illegal drugs should turn in their license. But being that this is the age of "not taking responsibility for ones own actions" maybe we should sue someone instead.