Accused of refusing to take a drug/alcohol test

Discussion in 'Trucker Legal Advice' started by jwcole1182, Jul 2, 2018.

  1. jwcole1182

    jwcole1182 Bobtail Member

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    I have been out of the country for a few years and, as such, haven't taken a job since. Now that I'm back, I've been applying for CDLA jobs. Everything was a go until, during the background process, my last employer reported that I refused to take a DOT drug/alcohol test. The problem is that they NEVER asked me to take a drug test, except for the initial one I took when hired. What do I do? Thanks.
     
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  3. buddyd157

    buddyd157 Road Train Member

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    you may have been told you had a random, and you either forgot to go, or did not make it in the time frame of getting there.

    that refusal will be on your permanent record for life.

    all you can do now, is contact that employer, either IN person or on the phone, thru certified mails, etc, and ask what this is all about.

    maybe they can help you.
     
  4. farmboy73

    farmboy73 Medium Load Member

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    I’m certainly no expert, and I’m sure more experienced hands will chime in. Logically, wouldn’t you be informed that you had a refusal and wouldn’t adverse action be taken at that point? In other words, you couldn’t simply ignore or “forget” that you were supposed to do this and continue working as if nothing had happened. Obviously, that would defeat the whole purpose of testing. There would have to be some communication to the employee after a refusal.
     
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  5. Ridgeline

    Ridgeline Road Train Member

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    Reported to whom?

    Get a lawyer, have them make a legal inquiry and see where that leads.

    I say this because I know of one little carrier who will retaliate against a driver when they up and quit, it happened to one of my drivers.
     
  6. Jazz1

    Jazz1 Road Train Member

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  7. Big Trip

    Big Trip Bobtail Member

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    Yep, remember this one as it wasn't long ago. Here is the non-politically correct version:

    Sterling Heights man due in court on murder charges in fatal shootings of former bosses
     
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  8. I AM ERROR

    I AM ERROR Bobtail Member

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    I am actually going through this exact problem. I my company called to get the daily update, and I told them I was too sick to move. They informed me that I had a random come up and it had to be done then. Didn't make it. Company policy is automatic termination for missing a drug test, which resulted in me now having a refusal to take a drug test on my record. To the DOT, you can only pass, fail or refuse. Nothing else.

    There really isn't much you can do to get it removed, sadly. Your options are finding out when it happened, and with what company. The company is REQUIRED to provide materials and information about getting it taken care of. If there is no proof of them ever doing so, you may have a case to get if expunged. It won't be cheap though, but worth it if you can get it cleared.

    There are still good, reputable companies that will hire you, they just tend to be smaller. And if you aea stuck with it, then you will have a process to go through before you can roll again. You will need to see a Substance Abuse Professional (SAP), and they will infoei you as to what needs to be done before you can drive again.

    The information about the SAP is what the terminating company is required to provide.

    Good luck, and feel free to contact me if you have further questions.
     
  9. buddyd157

    buddyd157 Road Train Member

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    if his former employer is a member of DAC (Hire Right), they may have most certainly reported the refusal to them. It'll be on his DAC file for life.

    each year, no matter what, i get a free copy of my DAC. they have pages upon pages of information, some of which they can only mention a former employer, but no other information past 7 years.

    however, i also get drug/alcohol information, which for me, is ALWAYS clean....

    BUT, if anyone has a dirty test, or refusal, that will show up forever on the DAC. no time expirations.
     
  10. Ridgeline

    Ridgeline Road Train Member

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    There is a process that has allowed people to sue them in federal court on entries made illegally by former employers. If a carrier falsifies a report to hireright or "DAC" they are also liable for damages not just Hireright.

    The DAC report is only one form of background check they provide, there are others with more data.
     
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  11. buddyd157

    buddyd157 Road Train Member

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    this is true, there are other background checking companies.

    DAC/HireRight, usually only puts in the report, what they receive, they do not add more. in its "inception", DAC was a holding place for information, which members could have access to file reports. all others could do was to request that information, but not add or subtract any.

    i had received (i think) 4 monetary checks from HireRight, due to class action suits. if i recall, each check was in the amount, or close to it, $200.00 each.

    i don't foresee any more monies from them.
     
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