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SONNY51! wrote:
Request for reinstatement and a second drug screen test.
If they refuse, hire an attorney who is knowledgable under the STAA rules.
Many trucking labor laws are covered here that are not in title 49.
It's always sue, sue, sue with you isn't it Bullis?
www.trucknet.com register to post and post your question in the legal
forum.
"Opie" is the moderator and is an attorney who deals with the STAA.
If the company still refuses, to either retest or rehire, I'd strongly
consider taking legal action against them.
Of course you would but you're a @$#*ing idiot.
Knowing that you have a history of passing drug tests, then suddenly
failing
one, would give cause for a second test before termination. But apparently
the company is to ignorant about this.
And if anyone knows about ignorance...
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This is one instance where I have to say I agree with him....if I were let
go due to a positive test for cocaine and could produce evidence that I have
never once used drugs in my life, then i feel that is legitimate grounds for
a lawsuit.
However, i would not sue the employer so much as I would sue the drug
testing facility for not noting on the records that the person being tested
indicated having been medicated with an opiate within the last 72 hours.
The flip side is...what person in his right mind would take a drug test 72
hours after having been administered opiates for dental surgery. Those are
the HARDEST drugs to shake through the urine stream!
It's always sue, sue, sue with you isn't it Bullis?
forum.
Of course you would but you're a @$#*ing idiot.
failing
And if anyone knows about ignorance...
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On Fri, 12 Dec 2003 22:47:19 GMT, <tropicsprite@tampabay.rr.com>
This is one instance where I have to say I agree with him....if I were let
go due to a positive test for cocaine and could produce evidence that I have
never once used drugs in my life, then i feel that is legitimate grounds for
a lawsuit.
I'm not sure how you could possibly produce evidence that you've never
once used drugs in your life, especially considering the fact that most
people have used drugs before - you're body doesn't know if that
lidocaine was legal or not.
However, i would not sue the employer so much as I would sue the drug
testing facility for not noting on the records that the person being tested
indicated having been medicated with an opiate within the last 72 hours.
lidocaine is not an opiate. It's apparently related closely enough to
cocaine that the test does not distinguish its metabolites, and perhaps
it cannot even be determined.
Cocaine is an excellent local anasthetic. Opiates are better general
analgesics.
The flip side is...what person in his right mind would take a drug test 72
hours after having been administered opiates for dental surgery. Those are
the HARDEST drugs to shake through the urine stream!
Actually, marijuana is. Hard drugs like opiates and stimulants are
generally out in a couple of days, but can sometimes last for up to a
week. Marijauna can last for several weeks, even longer for regular
users.
I hope you feel better knowing drug tests really only target people who
are occasional users of a relatively harmless drug.
I'd sue too - There was a case back in the '90s where a woman won
several years of back pay from Houston Looting & Plunder because she had
a false positive for amphetamines. She worked on the STNP (South Texas
Nuclear Project).
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I response to today's replies: Of course there is more to the story
than I said in the short space available. First, and this is
important, I did not and do not use drugs. Second, the medical
inspector is a D.O. whose practice is giving physicals to drivers. W
ell not entirely, but over 1/2 of his revenue comes frome work for
this trucking company. Over the past 5 yrs., I had 5 drug tests.
Pre-employment, physical renewal, and 3 randoms (1 on the road). All
were done at Drs. offices in the past. This was taken on company
property by company employees.
The company I worked for was a major training company which derived
a large portion of its profit from the training of students. I had
been trainer for a year but had decided it wasn't for me. The
training dept. wasn't happy and said they would cut my miles. When it
actually happened, I countered by finding someone sympathetic in
middle operations mgmt. who could undo their tampering at times. The
company was cranking students thru like there was no tomorrow and all
these students needed trucks to drive and the company couldn't buy
them fast enough to keep up with the demand. If turnover wasn't high
enough, they gave it a push. I believe this is what happened.
It is said truth is stranger than fiction. This is a true account
of the "down and dirty politics" internally at this company. It was
also suggested that I sue. As I stated, I have retained legal council
but my funds are limited. He is amazed by their stalling tactics and
general uncooperativeness. I am not after money but it seems to be
the only way to get their attention. Those efforts are at a
standstill right now.
Someone said I should have been tested immediately at a hospital to
counter their claims. I thought of that and the expense. The
overriding factors were these: I was given my drug test and physical
on a Thursday. Friday morning, I was dispatched from Texas to Pa. for
a Sunday delivery. Sunday afternoon I was dispatched from Pa. to Mo.
for a Tuesday morning delivery. It was after that delivery on Tuesday
that I was notified and unceremoniously put on a bus back to Texas.
Five days had passed since I had been tested until I was notified.
Why am I not tested now? I would gladly be tested daily from now on
as long as my previous company has nothing to do with it. I have
nothing to hide and never have. I have never been arrested or
convicted of anything in the 52 yrs of my life. I have never had my
character questioned like this. I am angry that this has occurred and
will fight to correct it. I am just need to know how.
One more thing. When I was fired, I applied for unemployment
benefits. The company opposed this and hired an outside firm to fight
me on this. It was their contention that I had been fired for cause
and, if this was the case, I was not entitled to unemployment
benefits. Thru the hearing and 2 appeals, I consistently proved my
case. The unemployment commission ruled and upheld the ruling that I
had been fired without just cause and should receive unemployment.
Well this is probably too long as is so I'll sign off now. Once
again, all suggestions and critiques are welcomed. Also once again,
thanks.
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good luck.
it amazes me the crappy unreliable drug tests some companies give.
I've only worked for one employer that gave one (it was a body-shop
contracting firm). They told me I needed to take a urine test... i had
just peed. So they bought me a half a gallon of Mountain Dew
and I drank it on the way to the testing place (a chiropractor's office).
The chick who did the test noted on my results that it appeared i had
done something to "dilute" the results. Drinking 64 oz. of Mountain
Dew in the previous half hour might do that...
then they took me to get a 'real' test for the employer i'd be working at.
It was at a doctor's lab, & they took hair samples so they could go back
months for marijuana, stuff like that. It was an expensive, comprehensive
test. They periodically conducted random drug tests in the workplace, &
there was no delay. You'd get a notice you needed to report for a test
immediately... had lidocaine a couple days before, sorry. At least theirs
were probably reliable enough to discern.
i think for a lot of jobs, they're pretty pointless... bus driver, yeah.
programmer?
not quite.
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In article <b21c405a.0312121908.5e25973e@posting.google.com>, SONNY51
<sonnybeach51@netzero.com> wrote:
It is said truth is stranger than fiction. This is a true account
of the "down and dirty politics" internally at this company. It was
also suggested that I sue. As I stated, I have retained legal council
but my funds are limited. He is amazed by their stalling tactics and
general uncooperativeness. I am not after money but it seems to be
the only way to get their attention. Those efforts are at a
standstill right now.
Now you know why some folks wake up one given morning, load up
the shot gun, and go down to the office and take out a few of
these bastards. These guys should consider that some folks have
breaking points, and might take things into their own hands. Then
again, anyone who treats people this way likely is not at all
considerate. Good luck, and take this as a really strong hint
that you really didn't want to work there anyway.
-john-
--
====================================================================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
====================================================================
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This is one instance where I have to say I agree with him....if I were let
go due to a positive test for cocaine and could produce evidence that I
have
never once used drugs in my life, then i feel that is legitimate grounds
for
a lawsuit.
How does one provide evidence that they have never once used something?
Why should it be any different in a civil matter than a criminal matter.
Innocent untill proven guilty.
....
<snip>
Robert Miller
member of www.norfed.org
"The banks -- commercial banks and the Federal Reserve --
create all the money of this nation and its people pay
interest on every dollar of that newly created money.
Which means that private banks exercise unconstitutionally,
immorally, and ridiculously the power to tax the people.
For every newly created dollar dilutes to some extent the
value of every other dollar already in circulation."
-- Congressman Jerry Voorhis
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On Fri, 12 Dec 2003 13:20:50 -0500, "Alex Cain" <noemail@here.invalid>
schreef:
It's always sue, sue, sue with you isn't it Bullis?
Is there another way out for Sonny then?
How can he get his job back???
How can he get a second test?
He says that he hasn't used any drugs so could not test positiv
(positive is a strange word in this case ... I'd think this is rather
negative ... )
And persons who take the test by a driver (ai ai ai my english) .. well
lest say the nurse who takes of your blood can make a mistake in labeling
the sample can she? Or later at the lab ... it is possible that there has
been a mistake???
So a second test MUST be available to all!!!
Also strange that the company who Sonny is working for (5yrs) is dumping
him ... more strange is that they DON't want to hear his side of the story
(dentist / second testing)
Than I am VERY HAPPY LIVING IN EUROPE!!!
O yep, we don't get tested on drugs ... but we do get tested every 5yrs
medical exam.
Not that I use any! Altho living in Holland ... near Amsterdam ...
Well NO I haven't even tried!!!
But most Americans seem to think Dutch people some Hasj and walk round on
wooden shoes ;)
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The flip side is...what person in his right mind would take a drug test 72
hours after having been administered opiates for dental surgery. Those are
the HARDEST drugs to shake through the urine stream!
As a truckdriver it is hard to get days of work ... so I would go to the
dentist and later to the drugtest or the otherway around.
Not directely thinking that what the denstist does (verdoving ...
anestetiscs) would show on a drugtest ....
Yep ... I would not have thought that on beforehand!!!
I don't know what my dentist is using .. and have also driven after been to
the dentist because I only could take some hours of work and had to leave
that afternoon for Danmark. So could not get the whole day off.
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On Fri, 12 Dec 2003 22:26:32 -0500, "aDF" <ADSF2322!@ASDFDDDD.COM> schreef:
good luck.
it amazes me the crappy unreliable drug tests some companies give.
I've only worked for one employer that gave one (it was a body-shop
contracting firm). They told me I needed to take a urine test... i had
just peed. So they bought me a half a gallon of Mountain Dew
and I drank it on the way to the testing place (a chiropractor's office).
The chick who did the test noted on my results that it appeared i had
done something to "dilute" the results. Drinking 64 oz. of Mountain
Dew in the previous half hour might do that...
then they took me to get a 'real' test for the employer i'd be working at.
It was at a doctor's lab, & they took hair samples so they could go back
months for marijuana, stuff like that. It was an expensive, comprehensive
test. They periodically conducted random drug tests in the workplace, &
there was no delay. You'd get a notice you needed to report for a test
immediately... had lidocaine a couple days before, sorry. At least theirs
were probably reliable enough to discern.
i think for a lot of jobs, they're pretty pointless... bus driver, yeah.
programmer?
not quite.
Here in Europe we are NOT tested for Drugsuse.
Do we have more accidents? NO!
(alcohol is a different and BIGGER problem!)
Why -and i now have trouble in finding the right words- is the polics in
the USA do BIG on drugs??? REAL BIG I mean!!!
Drugstests on the workplace? Sonny for example in 5yrs time 5 tests!!!
Why are they so afraid?
Why is this called a WAR on drugs???
I'm afraid that drugs are illegal not because of healthproblems .. for
example hasjies don't harm the person using them any more than a normal
sigarette does. Cocaine and other heavy stuff is another issue.
I never tried hasjies because I don't even smoke.
But I know rather a few people who do .. also truckdrivers. Nothing wrong
with them ... with other words to make myself more clear NO accidents!!!
(by smoking hasjies)
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On Fri, 12 Dec 2003 13:20:50 -0500, "Alex Cain" <noemail@here.invalid>
schreef:
Is there another way out for Sonny then?
How can he get his job back???
How can he get a second test?
He says that he hasn't used any drugs so could not test positiv
(positive is a strange word in this case ... I'd think this is rather
negative ... )
And persons who take the test by a driver (ai ai ai my english) .. well
lest say the nurse who takes of your blood can make a mistake in labeling
the sample can she? Or later at the lab ... it is possible that there has
been a mistake???
So a second test MUST be available to all!!!
Also strange that the company who Sonny is working for (5yrs) is dumping
him ... more strange is that they DON't want to hear his side of the story
(dentist / second testing)
Than I am VERY HAPPY LIVING IN EUROPE!!!
O yep, we don't get tested on drugs ... but we do get tested every 5yrs
medical exam.
Not that I use any! Altho living in Holland ... near Amsterdam ...
Well NO I haven't even tried!!!
But most Americans seem to think Dutch people some Hasj and walk round
on
wooden shoes ;)
Many "Over the Counter" can cause you to test false positive. Poppy seed
muffins for Opiates, Anti-histamines for marijuana, ect... I tested false
positive for marijuana. I have hay fever. I was allowed to retest after a
few
days and passed with flying colors.
One problem is for a hiring pre-screen if you fail they may never tell you
that you failed your drug test, just not hire you. They are worried you
will
sue or cause them to have to retest and some test are rather expensive.
Robert Miller
member of www.norfed.org
"The smallest minority on earth is the individual. Those who deny
individual rights cannot claim to be defenders of minorities."
Ayn Rand
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