Is my career ruined?

[CatugalCat]

What is the name of your state?What is the name of your state? Hawaii
I am a CDL driver who worked for a small shuttle co. This co. employs CDL and non-CDL drivers. This co. is supposed to conduct random drug tests for their CDL drivers, which they have not been doing. Another driver and I were sent for a random drug test, and she said that in the 5 yrs. she'd worked there, this was the first time a random had been pulled. After the test we were given our "receipts", mine said it was for reasonable suspicion, hers said random. According to the Federal Motor Carrier Safety Administration regulations, the co. can only send a driver for a reasonable suspicion drug test if a DER (designated employee representative) observes signs of drug abuse or withdrawl. The DER is mandated by the FMSCA to attend classes to recognize the signs of abuse etc. This co. does not have a DER and has never sent anyone to the required classes. I was told that one of my co-workers went to the boss and said I was using drugs because I use the bathroom frequently. It states in the FMSCA regs. that an employer cannot send a driver for a reasonable suspicion test on third parties say so.

 

[CatugalCat]

Anyway, the drug test came back pos., when the MRO called me he asked me if I was taking any otc meds that would cause a false-positive for amphetamine. I told him I was taking Fastin, he said that would explain the false-positive, but he still had to report the test as positive. Of course I got fired. To add insult to injury the boss told everyone at work about my drug test and what I had said verbatim. Again according to FMCSA drug test results are to be kept in strict confidence and not divulged unless I give written permission to a designated person or company. I need help, I can't work because of the drug test, which violated all of my rights, in addition the co. I worked for did not give me any of the required information on Substance Abuse Professionals that I could go to to start the return to duty process. But I should not have to do that to begin with, can someone help me and tell me what to do????

 

[BlackJackal]

I am not a lawyer but, I do know that if someone at that company did divulge confidential information you can sue them for slander.

 

[HomeGuru]

I am not a lawyer but, I do know that if someone at that company did divulge confidential information you can sue them for slander.

**A: what the heck are you talking about?

 

[cbg]

"if someone at that company did divulge confidential information you can sue them for slander."

Not true. The employee would only have a case for slander if something UNTRUE was broadcast to an audience and suffered damages as a result.

Under the law, the only information that MUST be kept confidential is any information regarding a disability under the ADA or information that is protected by HIPAA (which this is not).

 

[BlackJackal]

Like I said I am not a lawyer however, my uncle was fired from a company here in Alabama a few years back and after he was fired his manager told some employees the reason he was terminated. One of these employees was a friend of my uncles and told him about it. My uncle sued the company for slander and won based on the testimony of the employees who were told.

 

[cbg]

Either there are factors you do not know about or your uncle's employer had a very stupid lawyer. Simply telling the reason for termination is NOT slander. There MUST be something FALSE that is communicated AND there must be damages.

 

[BlackJackal]

Either there are factors you do not know about or your uncle's employer had a very stupid lawyer. Simply telling the reason for termination is NOT slander. There MUST be something FALSE that is communicated AND there must be damages.

I only know what I was told and that is what I was told. You may be right there may be more to it that I was not privy to and it may have been a stupid lawyer( However I doubt that because of the size of the company). You definitly know more about law than I do so I am sorry for saying anything I just thought that what I said was true based on experience.

 

[HomeGuru]

I agree with cbg not only because she is looking mighty fine today but she is correct.

 

[JETX]

And I also agree with cbg.... and add that 'blackjackal' is 100% WRONG!!

And to provide independent PROOF that 'blackjackal' is wrong, the following excerpt:
"If a defamation lawsuit actually gets to trial, truth is an affirmative defense."
Source: http://www.wordiq.com/definition/Defamation

"The most important defense to an action for defamation is "truth", which is an absolute defense to an action for defamation."
Source: http://www.expertlaw.com/library/pubarticles/Personal_Injury/defamation.html#2

"Truth is a complete defense to a defamation claim. This is simply the flip side of the requirement that plaintiff prove the falsity of the alleged defamatory statement"
Source: http://www.abbottlaw.com/defamation.html#II.A.

Need more?? I can provide LOTS!!!

 

[BlackJackal]

Man, you guys are ruthless. I explained above that I was sorry for posting something that may have been incorrect. No need to rub it in.

 

[JETX]

Man, you guys are ruthless. I explained above that I was sorry for posting something that may have been incorrect. No need to rub it in.

Not really.
The clear purpose of this forum is to post LEGALLY ACCURATE information in reply to people's posts. And when someone gives clearly inaccurate information, it not only damages the original writer, but also anyone else who may 'stray' across the thread in looking for an answer to THEIR concerns. So, it is our 'never-ending task' to try to make sure that CORRECT responses are made.

 

[HomeGuru]

Never ending from never never land.

 

[CatugalCat]

Ok, I appreciate the info so far, I can let the confidentiality thing slide, however, my other question would be..... if the DOT and the FMCSA have regulated the drug tests, and the employee as well as the EMPLOYER must abide by those regs. then what happens when the employer totally disregards every reg. and just does what he wants? Can he do this, and if so what use are the regulations? I need for this drug test to be rendered invalid.

 

[JETX]

"if the DOT and the FMCSA have regulated the drug tests, and the employee as well as the EMPLOYER must abide by those regs. then what happens when the employer totally disregards every reg. and just does what he wants?"
*** Contact the DOT and FMCSA and see if and what enforcement powers they have.

"Can he do this, and if so what use are the regulations?"
*** See above.

"I need for this drug test to be rendered invalid."
*** So far, you have not provided ANY compelling evidence that the test results WERE invalid. If you want, you can pay to have the tests redone and see what happens.