DOT/TRUCKING LAWYER RECS FOR CALIFORNIA

Terminated from my position due to previous employer failing to not only update fmcsa clearinghouse with the follow up testing completion date, but also failing to retain drug test chain of custodies/requisitions & the results. Original company has been legally acquired & the new company said I don't have enough drug tests & results for them to be able to retain me as a driver and were unwilling to allow me to complete the follow up testing plan even though my SAP said she'd be willing to reduce the number of recommended randoms to the legal minimum which is 6. So I was more or less let go from the company which wouldn't be so bad if I didn't still have this clearinghouse violation from 5 years ago showing as incomplete when it should've been updated as completed by 2022 at the latest.

Any recs for a lawyer or from that specializes in dot/trucking/fmcsa/transportation law would be greatly appreciated!!

I would like to explore my options for a wrongful termination case before I accept any settlement from the company for wages and waiting time penalty fees, which is contingent upon me signing a release of liability.
Thanks yall!

 

Ah yes thank you, I forgot about at will employment. Was reading through the release of liability docs & thinking about this stupid limbo I'm in now with the clearinghouse situation.

Whole thing might be more trouble than it's worth especially considering the original company doesn't exist anymore and I haven't been able to find work in the industry this whole time so a settlement would be helpful.

Just don't wana sign away my rights for a quick payoff, only to realize something new/different about it all later and can't do a thing about it ya know.

 

Well this violation is from 2020 and I did everything on my end, went through the whole sap program to be able to drive again. I am currently not prohibited from driving but the violation shows as incomplete/active or whatever bc step 6 (follow up testing completion) wasn't updated by previous employer.
Once I realized my employer hadn't updated the clearinghouse, I called the SAP and she did what she could to help with the situation but its wasnt much other than telling me who she gave the recommendation to in the company (an hr rep that is long gone).
I asked her if I could find an employer who'd be willing to hire me, if she could reduce her recommend randoms to the minimum possible given that fact that this should've been resolved years ago and she said she would. I looked it up and SAPs have to recommend at least 6 randoms for the follow up testing plan.

I've called the fmcsa about this situation too and they said the only way to resolve it is to find an employer who will let me complete the follow up testing plan.

 

My 1st year with that company, every time I turned around I was getting tested, id say it was about 6 in addition to the dot randoms. So I dont think she recommended much more than 6 to begin with but obv I don't know for sure what the plan was.
As far as documentation, my previous employer had 1 paper of a negative test result that stated it was a follow up, so obv the plan was started. Whether it wasn't completed, or was and just wasn't updated to the clearinghouse, idk.