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wrong DOT post accident drug test and was terminated

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StumpManZ71

Junior Member
What is the name of your state? Georgia, I am a CDL driver and had a accident which I was cited, charged, 1 person was injured and sent to hospital. When I returned to the warehouse at 400am the next morning I was sent to take a DOT post accident drug test. I took the test, 21 days later the MRO called me and said I failed the test, I imediatley asked for the splt speciman test to be tested, at my expence. Which is my right being Im a CDL driver under DOT rules and regs, the reviewing MRO told me that they didnt give me a DOT post accident drug test, my employer gave me the wrong paperwork therefore it was the wrong test. All DOT drug tests have to be split speciman tests under the FMCSA rules, regs, and procedures, the B speciman is my right to be tested. I called my supervisor they said it had already been tested and they terminated me on these grounds. I feel like my rights were violated , my employer was negligant and gave me the wrong test. Can you please give me some advice or attorney that can help me?? Thanks
 


rmet4nzkx

Senior Member
You had an accident, someone was injured, you were cited, enough reason for an employer to terminate you, following that you still failed the test many hours later after you had the opportunity to try to affect the results. While you might be successful fighting the test results and some affect on your CDL, your employer had other reasons to terminate you even without a test, lesson #1 be careful what you take into your body and then drive.
 

StumpManZ71

Junior Member
They fired me for failing a drug test not a accident, the results came back 21 days later?? I was sent for a DOT drug test under federal rules and regs and was given the wrong test by mistake, my company admited this.
 

StumpManZ71

Junior Member
rmet4nzkx said:
You had an accident, someone was injured, you were cited, enough reason for an employer to terminate you, following that you still failed the test many hours later after you had the opportunity to try to affect the results. While you might be successful fighting the test results and some affect on your CDL, your employer had other reasons to terminate you even without a test, lesson #1 be careful what you take into your body and then drive.
They fired me for failing a drug test not a accident , and the results came back 21 days later?? I was sent for a DOT post accident drug test my company gave me the wrong test they admited this.
 

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