Falsely accused of refusing a random drug test

My husband has been falsely accused of refusing a random drug test. He was called in for a random and was sent to a facility about an hour away. It was about midnight-ish.


He arrived at the hospital and went in through the ER. He handed his papers to the person at the desk who told him to hold on a minute. The clerk went back into the ER and brought out a nurse who told my husband that there was no on on site certified to perform the test and the they would have to call the company.

She went back and called the company who told her to just cancel the test and they would "catch him at another time". My husband then left and finished his route and came home. The manager of his company is now saying that he did not show up for the random.

He disputed it and the manager said he would look into it. We even went to the facility and spoke someone who said that she was aware that he was there because she got an email from the employee about it since it was an unusual situation. She told us that she would help him in any way possible. She called the company and told them that he was present and that no one was there to administer the test.

My husband then got a voicemail from the manager saying that "the facility mishandled the situation" and that he would take care of it. Now he has found out that the manager has turned into corporate office that he refused the random!! Simply not true!! Corporate will turn into the state that he refused and he will lose his license plus it will be nearly impossible to get another driving job!!

How do we fight this? Has anyone else ever had this problem? We are panicking!! He has been driving a truck for 21 years and has NEVER refused to take a drug test.

Any advice would be much appreciated.

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Nov 22, 2015
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By the way... NEW
by: Anonymous

CALM DOWN!


Make that call tomorrow morning.


all the worry in the world changes nothing and everything happens for a reason.


Chill out, enjoy the weekend.


Panic only causes stress. Being calm is over half the battle.


Cool?

Nov 22, 2015
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It all depends... NEW
by: Anonymous

..the rules vary by State (for now)... whether or not he was called for a "random" a "pre-hire" a "post-accident"... etc, etc.

They all have their time constraints, accidents especially. Very small window, more stringent when there is a fatality, or exorbitant cost involved.


Right now, gathering the names and phone numbers and all of that is O.K., but if you hire an attorney, he will do this for you... "Disclosure"


I would let a professional handle it because you want this exponged from his record.

I would probably go immediately and pay with my own money for a drug test. Get a full panel test that goes beyond the D.O.T. specs.


Surprisingly, the D.O.T. is actually a joke.. until now, in your case.


A test on your own will give you some ammo.


If your husband is willing, do a saliva or hair follice test showing that you NEVER had anything to hide and that you were more than willing to do it.

You did not know the law at the time, neither did they (which is what this case hinges on)

And now, not only are you possibly being terminated, but finding gainful employment in this industry has now been put in jeopardy by no fault of your own.


So, a good attorney will see this: Lack of following state laws against the COnsortium (CSA, FMCSA, DOT, etc.)

wrongful termination

false accusation

Violation of rights

Improper authorization

Tainting of State Records....




Don't worry about all that other stuff. Again, if the story is indeed as you stated, get your ducks in a row, write down exactly what happened, how and when, because you will be deposed many times before a settlement occurs, and you will also have to learn the depo process.

Your attorney, in his best interest, will teach you how to survive a deposition.


My question would be this... who will depose you? The hospital? The trucking company?

It's all a joke.


You arent doing this for the money, although there will be money gained and expongement, you are doing this so that it doesn't happen again to another driver, and the trucking company will also learn a valuable lesson and more than likely change their policies as far as what to do if this happens again.


Get an Attorney. Contingency only. Your case is compelling. Prove it.


Some folks might think this is a bit too much, but I will tell you this much: I worked as a Safety and Compliance officer for the largest privately owned trucking company between Washington and California.

I am not giving out legal "advice' (in other words, I'm not telling you how to survive a deposition, you can get that info on Youtube)

I am simply suggesting, based on past experience, that it would be in your best interest to let a professional handle this for you.

If you screw up (by saying the wrong thing, even if you didnt mean to) or if you contradict yourself at any point, you could lose.

This is why i recommend you hire an attorney and stay quiet.

He/She will recommend the same thing.


Good luck. You got this.



Nov 22, 2015
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thinking and could be wrong but NEW
by: Anonymous

once a drug test is ordered, so they not have 24 hours to get it taken?

thinking he should have went back once they had the proper staff to do the drug test...

or am I mistaken?

Nov 22, 2015
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should have... NEW
by: Anonymous

Gotten it in writing. Hire an attorney.

Don't be talking to anyone.


The consortium screwed up...yeah.


Stay quiet. Trust me, get an attorney.


You will be starting a lawsuit, so you should be able to find an attorney who will work on contingency.

If what you say is true, he has a strong case against multiple parties.

Nov 22, 2015
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Disappointing Situation NEW
by: Anonymous

I haven't run into something like this. But, what he should do is contact corporate HR and speak with someone there, and explain the situation to them. At the same time he needs to start keeping a record of everything. He needs to make a list of the people he has contacted. Their names, phone numbers, the time he talked with that person, and what was discussed. Biggest piece of advice is: don't expect anybody at the company to be on your side, and not to expect them to collect the information themselves. The more documented proof that you can collect, the better your position will be. Good luck, and I hope everything works out for you and your family.

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