Refusal for drug screen reported falsely 3 years later

Just because you was hired before doesn t mean refusal wasnt on your record back then.There's nothing you can do but keep applying and hope someone will hire you.That refusal is too old to try and get it off your record.

 

I guess my question is, If the op took the drug test at a facility and by them having a record that he took it. How could a refusal be put on his record. It's kind of scary to read about this type of stuff. It's like even if you do what your supposed to do you could get screwed out of your livelihood and cdl based on some butheads word smh. I've read posts like that on this and other sites way too often for comfort.

 

Unless I missed something the story is that there was never a drug test. Company claims they told him to take a drug test, he says they didn't.

 

What makes you think that there is any such thing as too old to be removed from his record?

If a company says that he refused a stuff test and he hasn't completed a SAP then no company may hire him by law.

 

Your right, wrong post

 

Every test administered must have a dot form....so my question is.....where is the form that says the driver refused? No form....no test! It's now a question of where is the proof.


The burden of proof is now on the company....

This can be settled by going to Hire Right.

 

To the OP, contact your DMV in the state where the order against your license was allegedly given, and tell them what is going on.

Ask them to send you a copy of your CDL suspension. If what you say is true, then you certainly have grounds to sue the company that claimed that you refused a drug test. I would first ask the DMV if there is anyway that you can have this error removed.

There are administrative responsibilities that must lawfully be followed by the company and DMV when someone refuses a drug test.

You should have received a letter (possibly certified) notifying you of your failure to take a drug test, and the suspension of your CDL Priveledges. If you had in fact refused a random drug test, your employer would have been required to supply you with a dismissal letter.

It sounds to me like someone responsible for compliance or access to those files at the company may have had a vendetta against you.

I know there are some very evil people working in positions of trust in trucking companies these days. And every one of them needs yo be exposed.

 

He never said anything about completing a sap program.He could try and fight it But I think it would be a hopeless and maybe an expensive battle.

 

Well certainly he hasn't completed a SAP program if this is the first he's heard of this problem. But I don't think this is hopeless. Unless he is prepared to give up on a driving career he should by no means drop this.

 

When something this serious is on your record then it's your responsibility to figure out what kind of programs and help there is to clear it from your record not yrs later..So unless he had a good reason why he refused I doubt he would be able to get it removed.He should have fought this back when it hit his dac.Refusing is the same as admitting your guilt far as the industry is concerned and Op should have checked his dac from time to time to see if the refusal is on there.