Celadon Trucking company i won my case on a fail drug test judge reverse decison

Discussion in 'Trucker Legal Advice' started by bigdogperry2004, May 24, 2014.

  1. bigdogperry2004

    bigdogperry2004 Bobtail Member

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    Oct 25, 2013
    seattle, wa.
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    The drug test back in 2008 by Celadon trucking was not done correctly according to DOT Rule 49 CFR Part 40 Section 40.63. I won my case back in 2008, I have the paper from the Indiana Administrative Law judge, since they did not do the chain of custody correct,etc. They had to pay me unemployment over $18,000. By dot law you have to go to a SAP program,even if you won your case. I have completed a SAP program. Celadon rufused to take my name off the list, when you call and ask them they will not tell you the truth, ask them to show you the proof and they cannot. I'm a vietnam veteran have 19 years in the post office, 4 in the military, never have been to jail a day in my life, They don't know who gave me the test, i never sign my name to anything, I call the safety dept. after the test to come the testing place, which was done in a trailer, by a private person. Celadon had 15 days to appeal, they never did. The 2 people who appeal at the hearing are Angie Jones-Human Resources Coordinator and Allison Detling- Safety Department. Allison Detling said after they lost the case, "I don't care what the judge said, you fail a drug test". It is now 2014 and they sill have not change. I have the court paper and a rebuttal statement from dacfix.com. they will not aknowledge what the law said. Any advice now would be very helpful, trucking company act like they are scared. I done nothing wrong.
     
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  3. Chinatown

    Chinatown Road Train Member

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    Henderson, NV & Orient
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    What's your question? You completed SAP; do you have the certificate? Are you employed as a driver now or are you looking for work?
     
  4. bigdogperry2004

    bigdogperry2004 Bobtail Member

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    Oct 25, 2013
    seattle, wa.
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    yes I have completed SAP and i just completed school 2 weeks ago, i'm looking for job, but Celadon is still saying i fail a drug test, when i did not, the decision was reversed
     
  5. freightlinerman

    freightlinerman Road Train Member

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    You need to go back to the court and tell the Judge that Celadon is playing games. Maybe they can be held in contempt. Your suffering by not being able to work and from what you say, they are violating the order from the court. Have you talked to an attorney yet?
     
  6. 70s_driver

    70s_driver Medium Load Member

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    May 4, 2014
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    I would take all of your paperwork to an Attorney and let him handle it. He might sue Celadon again? Might even sue hire right if your rebuttal is not on your dac report accurately? Might even be a good idea when you are drug tested to go to your own dr or one closeby the same day and get another drug test done. That way you will have a backup test. I do that everytime I get drug tested by a company.
     
    Last edited: May 24, 2014
  7. Six9GS

    Six9GS Road Train Member

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    Yuma, AZ
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    Sounds to me like you need to find one of them ambulance chasing type lawyers and sue them for damages. Let one of those lawyers take a look at it. Most will only take your case if they think they can win it in court, because if they can't they won't get any pay either. Also, you include their fee in the settlement so Celadon ends up paying your lawyer.
    Just my two cents. If they are reporting wrong information that is not allowing you to gain employment, seems like they are liable for your lose of income and related damages. Just my 2 cents.
     
  8. bigdogperry2004

    bigdogperry2004 Bobtail Member

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    Oct 25, 2013
    seattle, wa.
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    Thank is is on ny dacfix.com, Celadon just keep saying i fail, thank for the information.
     
    70s_driver Thanks this.
  9. bigdogperry2004

    bigdogperry2004 Bobtail Member

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    Oct 25, 2013
    seattle, wa.
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    Thank for the information.
     
  10. bigdogperry2004

    bigdogperry2004 Bobtail Member

    13
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    Oct 25, 2013
    seattle, wa.
    0
    I will thank for the information.
     
  11. 70s_driver

    70s_driver Medium Load Member

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    May 4, 2014
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    An attorney would probably be able to get back your expenses for the SAP Class as well. Since a judge ruled the test to be invalid, there was no point in you having to go through SAP. Matter of a fact I would have refused to go through SAP if I had documentation from the court, signed by the judge, of his ruling.
     
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