Refusal for drug screen reported falsely 3 years later

I'm not condeming the op that's his business but ive been a driver since 2002 and I know what this industry is like.I think had he fought this three yrs ago it would probably be off his record.There are companies that'll hire him but he needs to find the ones that doesnt use dac services.

 

I think you are misunderstanding. According to him he did not refuse a test, they never told him to take a test, and they are only now claiming that this happened. This may be his first opportunity to have fought it.

 

oh ok I didn't see that post.If so and that job was a cmv driving job then that company broke the law which FMCSA takes very serious.He would then need to call FMCSA in his state and start from there.

 

The OP clearly communicated the scenario in post number 1. Maybe advice would be more useful to him if posters contributing to the thread would read what the OP stated before offering their opinion.

 

this thread is five pages.I read the first few post.Nowhere did he mention that..People who starts threads many times leave the important things out untill many pages or posts later.A thousand apologies for missing that piticular post.

 

Your statement is not consistent with EEOC rules and regulations. Which are designed to protect Employees and Employers from false claims.

Not to be biased against the two parties involved in the allegations, the need for legal advice must come from a lawyer that specializes in Employment Disputes.

However for the sake of the argument, WE must at least inform the Driver that He needs to substantiate the claim with proof to verify the legitimacy of each party's claim. Note: party is the individual or group.

Surely, the expression of his opinion is protected by the 1st Amendment, however...as I have stated many times to drivers on this forum.....Document Everything when terminations policies are in question ( Dates, Times and Places).

The company would be negligent not to document why or how a Driver was terminated. In most cases a driver can ask for a copy upon leaving the truck at the company. (Self protection from bogus DAC reports) even though a voluntary termination doesn't require a (pink slip) of the separation. If a employee is Fired, the company must provide documentation to the Employee via in person or by mail within Three days. ( along with his/her last check)

It is however, common practice for companies to document the reasons and retain on file for 1 year before placing in the archives (or garbage can). Any legal action against a company at an EEOC hearing requires both parties to present testimony and of course having a signed document with a witness as part of the discovery is very helpful.

Judgment is determined only when a complaint filed by the employee has been concluded by an appearance before the Caseworker who determines if the company was in Violation, the company representative and the terminated employee both must respond to the investigation by the EEOC local office in the jurisdiction of the accused or default by failure to do so.

I have a bad feeling that the company will win this case and the ex-employee will have to wait 5 years from the date of the alleged Refusal to Test before getting hired by a DOT Compliant Carrier.

@DustyRoad

 

He has the best reason in the world. He just found out 3 years after the fact that he refused a drug test.

Agreed, we should all check our DAC from time to time to make sure we don't have drug test refusals from 3 years ago we never knew about. SMFH

 

Did you consider why the Driver, quit without notice.....and is now on the receiving end of a bad way to leave the employer....( I recall he wrote he quit under dispatch and admitted refusing a load ). To make matters worse...It's been what three years and he is now just dealing with his actions.

 

Did he say that in this thread? I can see where a safety director type would keep a driver's name on file to burn in this way later on down the road when said safety director is ready to move on to another job, submits a dirty report to DAC to burn that driver.

 

Post #3 he stated he walked out without giving the notice. He didn't say he refused a load or abandoned the equipment.... Sorry my bad...

And it is a dirty trick to make false claim on a driver for quiting. Which is why we must take action when leaving a company to make sure there are signed documents stating the driver was not under dispatch...did not refuse a drug screen and was free and clear of any company violations that were detailed during orientation.

These companies have gone to great length to win. They have to in order to protect their assets. So why would a driver not protect his assets...a clean record?

It is a two way street. It is about keeping others from destroying your lively hood.

And yes you and I are at the mercy of the court to rule in our favor should a company employee put disputable accounts on a driver's DAC.

But now the record is tainted....and it's going to cost him to hire an attorney to represent him in a labor court.

This is but one of many lessons drivers need to learn when dealing with the Subscribers of Hire Right Employment screening.