wrongful dismissal

I have to agree with the others, there needs to be more to this case. However, I believe that Poor Richard has made a monumental mistake by refusing the test or at least resolving the problem before leaving. He has quoted FMCSR §40.207 stating that the test should be a cancelled test but he has NO authority to do that. The reference is for employers and administrators of the test but not employees.

There are not many recourses a driver can take when you run up against problems like this. The problem needs to be resolved on the spot. I believe the best would have been to call safety and let them know what is going on. But I would have stayed there until the problem is fixed or directions were given by the safety department. AND, if the safety department did give instructions to leave, I'd make sure I had the name of the person in safety and a brief description on what instructions are to be followed.

I believe that Poor Richard has been Nuke'd right where he sits. He walked out of a drug test which automatically turns the test into a refusal. I don't think he'll be able to change that outcome unless he spends alot of money for a Lawyer and then it's not guaranteed. This driver might want to check out FMCSR §40.191 (e). If the test was not a DOT test they can not say you refused a DOT test. There are no consequences under DOT for refusing a non-DOT test. I believe this is where your Lawyer should look otherwise, I think you're toast.

 

this guy ant got all his marbles , no drug test because they wouldn't give him a pee cup wrong . if they were busy that they might have told him to come back another day are go to some other place must have smoked some weed or had some thing in his system don't you think .i don't see him coming back to this site to answer question that have been posted hes lying a but what happened its to ovest

 

I can't say for sure cause I was'nt there but there does seem to be something missing from the story. I don't want to point fingers or lay blame in any direction but, I would drfinently try and find out what went wrong. Even if it ment me spending a little money out of my own pocket. If it did infact happen the way he says I would'nt be able to sleep until I knew what the hell was going on. Get in contact with the clinic and get their take on it then put that information with what you know to be fact and that should tell you what went wrong. I hope this helps and Good Luck!!

 

Here's something simple.Simple is always better.I presume at the time of the test you were ingauged in interstate commerce.Your case if presented might fall under federal guidelines.A local lawyer nor a lawyer licensed in the state might not be needed.Federal guidelines supercede state law,including motor carrier operations.States are allowed to petition the FMCSA for a wavier of the rules,but must show due cause showing the existing law might harm the states residents.Drug and alcohol tests are pretty uiniform state by state,but their testing procedures have alot to be desired of.Find a lawyer versed in transportation law and also have the case moved to federal court in your area.If you can present a good case and win ,you may have good lawsuit against the state and your former employer.Do the research and fight it.

 

this guy's not really a truck driver - if he were, he'd be going in the parking lot, NOT in a cup!

 

"Chief" I don't think pissing in the parking lot is the answer. I believe if he does his research he should come out ok as long as he keeps a level head and don't go off and do anything stupid. Play by their rules just make their rules work for you in your favor. Good Luck!!

 

This doesn't make since. We have 'drug test' kits provided by our company that we must carry in the truck with us. The kit includes a 'pee cup'?

 

Sounds like a big stinkin pile of BS to me.
Who in the world contacts their congressman to complain about a failed drug test?
Congress has better things to worry about right now.

 

No, no, the guy at the optometrist would've said, "wait, there seems to be something wrong with your eyesight. Why don't you step inside and we'll give you a free eye test!"