Sorry, I should have been more specific.
My husband was fired for failing his drug test. The test was for a trucking company, which made it DOT regulated. DOT requires that companies use a licensed PHYSICIAN as their MRO (medical review officer) for drug testing. We learned that his company did not use a physician for their MRO, instead they used a licensed physician's son, which works for a drug testing lab.
My husband was on medicine for his kidneys, but the MRO refused his doctor's explanation of why he failed his drug test. The company's MRO was not qualified to make such a judgement.
My husband and I went through a seperation shortly after all of this occured and he did not pursue getting a lawyer. I do not know if he has waited too long now to file his case. I might add that my husband DID receive unemployment for this matter, he even won his case when the company appealed the case to the unemployment judge. I have included some parts of a case that I found yesterday on the internet.
credit:
http://www.quantilex.com/art200110011.htm
Recently, the U.S. Court of Appeals for the Ninth Circuit required an employer to reinstate two employees whose positive drug tests were not administratively processed according to federal regulations, even though the individuals had in fact ingested prohibited drugs. Southern California Gas Company v. Utility Workers Union of America, 9th Circuit, No. 98-56842, September 12, 2001.
In that case, two utility workers in safety-sensitive positions were terminated after the employer learned from its medical review officer that both workers had failed a federally-required random drug test.
The arbitrator determined that the company failed to comply with the strict requirements of the federal regulations which were applicable in the matter.
An essential part of the procedure is the final review of positive results by a Medical Review Officer (MRO) prior to the transmission of those positive results to the employer. An MRO is defined as a licensed physician with the appropriate medical training to interpret and evaluate an employee's confirmed positive test result in light of the employee's medical history and any other relevant biomedical information.
