Don't know where to start please help

[Smitty47]

I don't know how to even begin to fight if I rightfully have that right and I'm very sure I do. I work for a company that is contracted to provide embassy security in Iraq on a Department of State contract. Not to long ago I had to take an in country drug screening using the saliva swab test. I popped positive for amphetamines on the first one and immediately went ahead with a second screening knowing I have never used amphetamines in my life. The second screening came up positive as well. The company then basically told me I was fired and bought me plane tickets back home for the morning. Well after I took the screenings a few hours later 2 more individuals walked in and popped for the exact same thing and they were in shock just as I was. At around 11pm that night I was told to stand down from leaving at 1am and that I would be taking a defenitive test in the morning along with the other 2. So the company changed their mind and reevaluated the chances the tests were bad and that heat or a multitude of things could have interfered with the results of the screenings.

The next morning we all took urinalysis samples and the Physician Assistant had the took the tests to a local lab in Iraq that was up to standards. They tested for everything once again and all three test results came back negative. Despite our innocence being proven we were released on administrative suspension 2 days later. The reason we have been told is that Department of State must look over the facts in the case and it's not the companys fault that we are on a hold. It's now been 2 going on 3 weeks. Last email I received from the company was that State is reviewing the stuff they sent them.

I'm basically hung out to dry here and nothing is my fault and I have done nothing wrong. I'm losing money and my family is suffering because of what? I called up a lawyer here in California who said he couldn't do anything because the company is based out of Texas. Not only am I losing money but my whole career is on hold at this point. No matter what job I take in this field I require a secret clearance which is now on hold due to the drug screening. My livelihood is at stake and I don't know what to do at this point and it's very frustrating. Do I pursue the company I work for, Department of State, or the makers of the drug screening that failed.

The company HQs is based out of Texas but the division I work for is based out of Virginia. Can someone please help me get pointed in the right direction so I can protect my life that has been turned upside down? Please.

 

[Smitty47]

Also to add this info I still have the email saved where I asked the head of the WPPS division back in Virginia that I would like to have copies of my test results and the serial and batch numbers of the positive tests in which his reply didn't mention my request at all and the company spokesman in Iraq told me the day I was leaving that the information I want would have to be subpoenaed since it is a legal matter now. Mind you I asked for that information within 6 hours of the swab tests.

 

[Smitty47]

Please can anyone help me figure out the right course of action. Or is this out of everyone's league.

 

[eerelations]

It may be.

 

[pattytx]

Do you have an employment contract? Where are you physically located now? Somewhere you can seek the advice of an employment law attorney?

 

[Smitty47]

Yes I have an employment contract. I'm located in California and have talked with lawyers in the area who said they would not be able to get the company into the California courts. That I would have to seek a lawyer in either Virginia or Texas. That's not the first thing I would like to know though. I really would like to know do I have any possible case on my hands. I haven't done anything wrong and I'm not being payed for having to sit here when I should be at work.

 

[pattytx]

If you have a contract, we aren't going to be able to help you. We haven't read your contract (and aren't about to). You would have to sue the company (if that's what you want to do) in the headquarters state and have an attorney licensed to practice in that state.

 

[Smitty47]

Well paragraph 14 on the contract says you must pass a drug test at least twice a year. The screenings must come up satisfactory. Well the swab test manufacturer states on the package that any positive test results must be followed up with definitive test. Meaning blood, urine, hair, or spinal test. So by the guidelines given I am clear.

What is getting me is the fact that Me and the other two guys were placed on administrative suspension cause the Department of State must do a full report and get things cleared up. Well same thing happens when you discharge your weapon on the job. Instead of administrative suspension you are place on administrative leave and you still get paid.

If I fall under the paragraph 14 then technically I am not at fault. I should be working and I should be getting paid. Obviously they have their own team of lawyers and before I take any action I need to be very well assured that I am in the right on this.

 

[Smitty47]

Now mind you I have worked loyally and hard with this company for 5 years. I do have very good standing with the company to the point where I can talk to the division management. So I'm not a lose cannon looking to jump straight into suing. I would rather try to learn the legal aspect of this so I can hopefully talk with the company and fix this now instead of having to be in limbo.

I'm not even sure if my status warrants unemployment benefits.

 

[eerelations]

...and before I take any action I need to be very well assured that I am in the right on this.

Given that you have a contract, we can't provide you with the assurance you're looking for. Contact an attorney in Virginia or Texas to get that assurance. Most reputable attorneys will give you an initial consultation free of charge.

 

[Smitty47]

Thanks for the general help in putting me in the right direction. I just have one more quick question. Considering I don't have a legal background. If you were in my shoes and considering you have a much better legal awareness than myself, what action would you choose to take? I'm not hiding anything either I just would like someone's opinion besides co workers and family that has a better grasp of the legal system because a court case in my opinion would be long and drawn out and foresee the company putting it off until I am run dry of money from lawyer fees and so forth. To be totally honest I don't see me being able to afford to fight for what I truly think is wrongful doing or negligence on someones behalf.

I appreciate the responses even if it's not the most helpful it's always a little more comforting to talk about these things with someone who may be able to help out.