suspended cdl

Discussion in 'Trucker Legal Advice' started by Firefly64, Jan 17, 2010.

  1. RickG

    RickG Road Train Member

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    Wrong on that also . FMCSA requires employers to give employees that test positive a list of SAP's . They can't just give him the boot . If they did they were in violation and an attorney might be able to help .
    http://tinyurl.com/y9zld5r
     
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  3. truckerx1

    truckerx1 Light Load Member

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    Nov 16, 2009
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    Maybe I wasn't as clear as I should have been. The employer has to give you the list of the SAP's but that doesn't mean that after you complete the program he has to give you your job back.. If it is (as it is with 99.9% of companies in and out of trucking) If it states in the employ hand book that a positive drug or alcohol test is grounds for termination the your pretty much out of luck. If written procedures is followed, then yes they can give them the boot.

    My brother -in-law is a SAP (no pun intended), I also know a few of his colleagues, they will everyone under every instance recommend either in patient or outpatient rehab for someone who has tested positive. Their collective opinion is that if you didn't have a problem you would not have tested positive. I know that may not sound fair but when you deal with addicts on a everyday basis that's what you get. Don't forget a refusal even one by leaving the facility after you've been informed of the test is considered a positive. It may not sound fair but life ain't fair.
     
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