If I'm not correct unless its a random drug test, they can only give you a test if it's within one hour of you doing somthing safety sensitive. Which does include operating machinery.
I'm not sure what happened or how it falls within its legal boundaries. But I'm just a driver I'm sure someone here can better clarify where it stands regarding your civil right versus those of the companies.
Sounds like a big mess.
Fired for off-duty alcohol need advice!
Discussion in 'Experienced Truckers' Advice' started by dogtrucker, Sep 9, 2014.
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You need a lawyer, plain and simple.
dogtrucker and Hammer166 Thank this. -
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Better yet skip any company that uses DAC and a bunch of bs policies. Lots of small fleet owners that would look at that infraction and laugh. Find one of those companies they are out there.
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Thanks for the advice. Any suggestion where to look or how to find the smaller companies that may not have web-sites. I'm thinking I might find on Craigs list owner-op's with just a few trucks who might want me. So far, I have been applying at large companies - just the last 2 days, I started searching - and only now am I starting to get that this is in fact a big problem.
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Do you have documentation that your BAC was only .018? Do you have documentation that you were on your 10 hr break/out of hours when you were tested. I would think a lawyer might be able to pressure your former employer as to how they respond to potential employer's inquiries since you were not on duty. Basically you were discharged for violating a company policy. Doesn't appear as though you violated any DOT regulations.
OPUS 7 Thanks this. -
There must be more to this than meets the eye. The "OP" states that He/She was heading back to the Facility to go to sleep. But also states that there were no keys in hand to even get into the truck, as they were taken away before this incident occurred. My question is...If this was a DC and not a Company Facility, Why did the OP even go back to the DC to sleep in a Bobtail truck for which no keys were available? I see a lot of inconsistency's in this story. It is made to sound like this is an incident that just occurred, but the more I read the more I see this has had some time to settle in, and is a past event for which the OP cannot get another gig. The real problem here is that the OP is now in an "out-of-duty" status due to a failed Alcohol test and cannot be hired-on with another company until He/She attends SAP help and gets clearance for "return-to-duty" status. This will be a problem until it is cleared, because it is now a part of the OP's DOT record.
Canned Spam, Hammer166 and Tonythetruckerdude Thank this. -
Thanks for the amo. I probably can't afford a lawyer and going that route could take many months - I am not even sure yet I can collect unemployment.
Maybe a small carrier would over look this. -
dogtrucker Thanks this.
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There are SO many transport job postings on CL. 150 the other day on Milwaukee, and over 300 on Chicago's. Go in, in person to these places, and talk face to face with the boss, if you can. I'm sure someone will understand your situation. Trouble is with these big companies, they are run by their insurance companies, and it's black or white. Tons of smaller companies out there.
OPUS 7, MJ1657 and dogtrucker Thank this.
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