unfair loss of job

PA

A friend was just teminated from her job because she was randomly drug tested. She had taken cough medicine with codine. She is a school bus driver and I understand that there is 0 tolerance. However, she has never taken drugs and has been tested several times. Her only fault was that she didn't have a script. The medicine was her sisters. Does she have any recourse. She has had this job for 4 yrs and has a perfect record

Probably not. Zero tolerance means...... zero tolerance.

Taking a prescription medication - particularly one that contains a controlled substance (Codeine - a narcotic) - is also, possibly, against the law.

However, there is likely an appeals process she can pursue. She should contact her union rep. or H/R director and see what the procedures are to pursue an appeal.

- Carl

You say:

However, she has never taken drugs and has been tested several times.

But you also say:

She had taken cough medicine with codine....Her only fault was that she didn't have a script.

This is probably a felony drug charge in your commonwealth, especially if she stole it from sis. If sis gave it to her, then she could be in trouble too for pushing dope.

It would be unlawful for her to possess a controlled substance, such as codeine, if she was not lawful prescribed the drug. While it is not unlawful for her to have the drug in her system, I can certainly see why she was dismissed based upon the drug test.

I don't see how it is unfair.

Perhaps follow Cdwjava's suggestion and file an appeal if possible. The fact that it was simply cough medicine may be a mitigating factor that the appeal board may consider (since the drug was supposedly not used in a recreational capacity).

I wouldn't want my child on a bus, with a driver who is under the influence of a narcotic; but anyway, I agree filing a grievance by your union would be your best first step.





And in the night of death, hope sees a star, and listening love hears the rustle of a wing.

ksd634 said:

Does she have any recourse.

Click to expand...

Of course she can appeal through whatever method might be available within her school district. However, if you mean does she have any LEGAL recourse, the answer is no.

Simply, she took a gamble by ILLEGALLY taking a prescription medication that was not hers..... and lost.

And even if the script was hers, anybody thats ever gotten any medicine with codeine in it knows that you are not supposed to drive at all, let alone a SCHOOL BUS FULL OF INNOCENT CHILDREN while on the drug. Even if it was her script, she shouldnt be working while she was on it. What if she was high off the syrup and wrecked the (full) bus? Would you still be so adamant (sp?) about this not being fair? Give me a break, be responsible for your actions.