What is the name of your state? New York
First, I'll provide a summery of the situation. Then I will list my questions.
I'd appreciate it if someone could shed some light on this for me.
I was recently terminated by a major US corporation where I worked as a Quality Assurance Inspector for 18 months.
Over the past few months, I have been inquiring about a possible raise, since for the last 6 months, I've been acting as QA Supervisor while my boss is in Iraq. I was constantly told that they would get back to me, and they finally told me that my pay would be reviewed in March 2005.
Two weeks before March 1st, I was sent for a random drug test. The following week, I was called into the front office and told I failed both the initial and confirmation tests, and I was terminated effective immediately. I said ok, and after finishing the paperwork I was working on, left without a fuss. I didn't make a big deal out of it at the time since I was planning on quitting anyway if I didn't get the raise I required.
The problem is... I was never shown the results of the test, nor have they been willing to give me a copy of the results or even the Chain of Custody form that I signed when the sample was taken. They also refused to give me a letter of termination. I know for a fact that I did not fail the test. I couldn't have since I do not use drugs... never have. I don't want to work for them again, so I have no reason to lie. I just want to clear my name. I think that the only way to take care of this is to question the validity of the test process.
I know they are in the wrong in several areas. This company falls under Dept. of Transportation regulations. After reading the regulations (Title 49, Part 40), I have noted several mistakes they made during this entire process.
First, the lab technician who took my sample made several errors:
- I did not have the urine sample in my view the entire time from when I filled the container until it was sealed and packaged, nor was I told to keep it in view.
- I was not given time to read the form before I was asked to sign it... I wasn't even asked if I wanted to read it. The woman who filled it out seemed to be in a hurry to get it mailed out.
- I was not told to wash my hands before giving the sample (hands could have been contaminated).
- The restroom I was told to use did not have the sink water turned off, and the cabinents were not secured. The only precaution they took to prevent contamination of the sample was to put blue dye in the toilet.
- I was told to sign the tamper-proof lable BEFORE it was applied to the container, "to save time", as I was told. I did not see her affix it to the container.
- The technician mentioned that the sample temperature was not correct, but still noted on the form that it was correct.
Also,
- I was not called by the Medical Review Officer before my employer was notified of the positive result to verify that I was not taking any medication that could affect the results.
- When my employer was first notified that the test was positive, I WAS NOT removed from my position IMMEDIATELY, as per D.O.T. regulations. They waited until the confirmation results were received before firing me. Of course, it was the end of the month and we were very busy...
To go back to before all this happened... Although it was mentioned in the employee handbook that we would be subject to random testing, we were not told, nor is there any documentation, what the consequences would be for a failed test.
- I do not recall signing anything about random testing at all.
To me, and to others I worked with, it seems that this sounds very suspicious. I have been told that in the past, when other employees kept asking for an increase in compensation, they would soon be fired for unknown reasons.
My questions are:
1. Am I entitled to something in writing indicating that I was terminated, on what date, and the reason why?
2. Am I entitled to copies of my personnel records, including the drug test forms and results?
3. I understand that random testing is required under DOT regulations for workers in safety-sensitive positions. Was my position as a QA Supervisor considered a "safety-sensitive" position? I can understand assemblers falling under that catagory, but I did not hands-on work on our products. My employer can't seem to provide an answer to me. None of the other ofice workers are subject to random tests.
I have even contacted the lab that took the sample and they said they could not provide me with any paperwork. I have done some research online and as far as I can tell, they must provide me with the info if I submit a request in writing.
My concern is that I may not be able to collect unemployment benefits because of this. I am willing to file a lawsuit against them if that is the case.
After over 20 years in the military, and working in aviation jobs, Ive had several random tests performed and I am very familiar with the procedures. Unless I'm way off-base on this one, I am sure that my rights have been violated in this instance.
I hope someone can clear this up for me. Thanks in advance!
First, I'll provide a summery of the situation. Then I will list my questions.
I'd appreciate it if someone could shed some light on this for me.
I was recently terminated by a major US corporation where I worked as a Quality Assurance Inspector for 18 months.
Over the past few months, I have been inquiring about a possible raise, since for the last 6 months, I've been acting as QA Supervisor while my boss is in Iraq. I was constantly told that they would get back to me, and they finally told me that my pay would be reviewed in March 2005.
Two weeks before March 1st, I was sent for a random drug test. The following week, I was called into the front office and told I failed both the initial and confirmation tests, and I was terminated effective immediately. I said ok, and after finishing the paperwork I was working on, left without a fuss. I didn't make a big deal out of it at the time since I was planning on quitting anyway if I didn't get the raise I required.
The problem is... I was never shown the results of the test, nor have they been willing to give me a copy of the results or even the Chain of Custody form that I signed when the sample was taken. They also refused to give me a letter of termination. I know for a fact that I did not fail the test. I couldn't have since I do not use drugs... never have. I don't want to work for them again, so I have no reason to lie. I just want to clear my name. I think that the only way to take care of this is to question the validity of the test process.
I know they are in the wrong in several areas. This company falls under Dept. of Transportation regulations. After reading the regulations (Title 49, Part 40), I have noted several mistakes they made during this entire process.
First, the lab technician who took my sample made several errors:
- I did not have the urine sample in my view the entire time from when I filled the container until it was sealed and packaged, nor was I told to keep it in view.
- I was not given time to read the form before I was asked to sign it... I wasn't even asked if I wanted to read it. The woman who filled it out seemed to be in a hurry to get it mailed out.
- I was not told to wash my hands before giving the sample (hands could have been contaminated).
- The restroom I was told to use did not have the sink water turned off, and the cabinents were not secured. The only precaution they took to prevent contamination of the sample was to put blue dye in the toilet.
- I was told to sign the tamper-proof lable BEFORE it was applied to the container, "to save time", as I was told. I did not see her affix it to the container.
- The technician mentioned that the sample temperature was not correct, but still noted on the form that it was correct.
Also,
- I was not called by the Medical Review Officer before my employer was notified of the positive result to verify that I was not taking any medication that could affect the results.
- When my employer was first notified that the test was positive, I WAS NOT removed from my position IMMEDIATELY, as per D.O.T. regulations. They waited until the confirmation results were received before firing me. Of course, it was the end of the month and we were very busy...
To go back to before all this happened... Although it was mentioned in the employee handbook that we would be subject to random testing, we were not told, nor is there any documentation, what the consequences would be for a failed test.
- I do not recall signing anything about random testing at all.
To me, and to others I worked with, it seems that this sounds very suspicious. I have been told that in the past, when other employees kept asking for an increase in compensation, they would soon be fired for unknown reasons.
My questions are:
1. Am I entitled to something in writing indicating that I was terminated, on what date, and the reason why?
2. Am I entitled to copies of my personnel records, including the drug test forms and results?
3. I understand that random testing is required under DOT regulations for workers in safety-sensitive positions. Was my position as a QA Supervisor considered a "safety-sensitive" position? I can understand assemblers falling under that catagory, but I did not hands-on work on our products. My employer can't seem to provide an answer to me. None of the other ofice workers are subject to random tests.
I have even contacted the lab that took the sample and they said they could not provide me with any paperwork. I have done some research online and as far as I can tell, they must provide me with the info if I submit a request in writing.
My concern is that I may not be able to collect unemployment benefits because of this. I am willing to file a lawsuit against them if that is the case.
After over 20 years in the military, and working in aviation jobs, Ive had several random tests performed and I am very familiar with the procedures. Unless I'm way off-base on this one, I am sure that my rights have been violated in this instance.
I hope someone can clear this up for me. Thanks in advance!
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