Sue a DOT drug test collection site for lible and defamation?

http://www.truckersjustice.com/

 

look for a new place to work for and next time hold ur pee till after the test lol dont waste ur time with pointless sueing them u will not win move on

 

People love to say they will sue. I have personally brought a lawsuit. It only takes about a year, to even get scheduled into court. The next fact is that only about 2% ever make it to court. The rest are either dropped, or settled out of court. BY the way, it isn't not cheap.

 

Are you asking whether or not you can sue or whether or not you should? Either way only a lawyer can provide an accurate answer.

Anything you get here will be nothing more than armchair speculation. My own speculation follows.

My experience has been that the first question a lawyer is likely to ask will be whether or not you can show damages. Can you? Was this a pre-hire drug screen or do you already have a job? If you already have a job and don't lose that job, there won't be any damages. Same with it being a pre-hire if the company simply allows you to take another test. If you ain't got damages, you ain't got a case.

Beyond that, I think libel or defamation might be a tough to prove and/or win. But you might be able to hit them with some sort of negligence for not making it clear that stepping out on the sidewalk in front of the building would constitute leaving the testing location and refusal to submit. But again, what would you win? How much could you show in damages from this? And how much of those damages will be eaten up by legal fees when its all said and done?

Only a lawyer will be able to answer these questions for you. Its time to pick up the phonebook and start making some calls. Good luck.

 

i swear these people are stupid, funny thing is come in for a pre employment for another job at the same place and they cannot say anything to you.

its a refusal to a drug test to a job you never worked at since its a preemployment thus no record made or ever built in your name to other companys only that one.

 

Sue,your damages are 1. lost wages which include salary and benefits as well as time on job. 2. Work record and the future trust your employer will have in you.3. your D.A.C report and csa score. 4. you ability to earn a living in the future as a driver.

 

The exact words are you can't leave the testing site. Ownership of the parking lot doesn't make outside a testing site. Boundaries are usually determined by a door or threshold when a building has multiple rooms.

Though she might of been strict it has been predetermined what the testing site boundaries were. If you left where they told you to wait you were in violation. You already told us they sent you to the lobby. That's where you must remain. It's not the staffs responsibility or anyone else to watch you outside smoking a cigarette. You assumed and took it on your own instead of asking. Had you asked to step outside to smoke a cigarette they would of told you "no, you can't leave the lobby until the test is complete".

You can and I would talk with an attorney but I doubt it will do you any good. You ain't the first one that has stepped outside predefined boundaries. The tester sets them and no one else.

If for some reason you can't beat this you will have to complete a SAP (Substance Abuse Program) before returning to driving.

In this same forum we have another Drug Testing thread with member Gryphon answering questions. I would talk with him because he has worked on the drug testing side.

Here he is... http://www.thetruckersreport.com/tr...536-dot-drug-and-alcohol-testing-decoded.html





Links related to refusal

http://www.dot.gov/business/drug-and-alcohol-testing/dot-rule-49-cfr-part-40-section-40191

http://www.dot.gov/business/drug-and-alcohol-testing/dot-rule-49-cfr-part-40-section-40191-qa


Our drug testing is covered under The Omnibus Transportation Employee Testing Act of 1991 and 49 CFR Part 40

http://www.dot.gov/odapc/part40