On Tuesday, February 9, 2010, I was approached by my supervisor, who presented me with paperwork for a random drug testing. She told me to bring the paperwork with me to work the next day. The clinic's hours were from 9am-11am and 1pm-4pm. I had scheduled a prior appointment the next day at 2pm before I had any knowledge I would need to take the drug test. I went to the clinic during the morning hours so I could get the drug testing done and make it to my appointment later that afternoon.
I arrived at the clinic at 9:05am February 10, 2010. As I was about to get out of the car, I saw several other cars parked in the lot, with the drivers still seated in their cars. I noticed several people walk up to the door and pull on it but it was locked. I proceeded to wait in the parking lot. I called the clinic's phone number provided on the sheet that my supervisor had given me. I received no answer; the call went to voice mail. By now it was 9:30, and there were no signs on the door stating that the clinic was closed or that someone had left the office and would be back at a specific time. I left the clinic.
Later that afternoon, I called the clinic again at 1:07pm. I received no answer, which led me to believe that the clinic was still closed. I went to my appointment and after leaving, drove to work and arrived about 10 minutes before 6pm. I proceeded to look for my supervisor to tell her what happened with the drug testing situation. I explained everything, and a bewildered expression came across her face. She said she had to go upstairs and find out what "they" wanted her to do. About an hour later, she told me to write a statement explaining why I did not take my drug test.
The next morning on February 11, 2010, I went to the clinic again and arrived around 10:40am. I completed the drug test and later that night, went in to work and gave my paperwork to my supervisor. After a half hour, my supervisor approached me and asked me to go upstairs with her. We met with an HR manager named Karla. Karla told me that she had looked over my statement and the only thing that she did not understand is why I didn't call anyone. I looked at her for a moment in confusion and asked, "Call who?"
Karla did not answer me, so I attempted to fill in the blanks on my own. "Should I have called my supervisor?" I asked. Karla replied that my supervisor would not have been in the office during the morning (I worked a night job), which I agreed with, so I had no idea who Karla was referring to that I should have spoken with. She explained that I should have called the HR department and asked them for help. I never thought to call HR to deal with the situation; I didn't even know the phone number for the HR department, which I told Karla. I said that I called the clinic, because they were the only people I knew of directly related to the situation. Karla said she had called the clinic as well, and it went straight to voice mail.
Karla told me the company takes their drug/alcohol policy very seriously, and informed me that I was a non-DOT employee and we are supposed to complete random drug testing within 24 hours of being given paperwork, whereas DOT employees must complete their drug testing within 2 hours. Again, this was information I had never been told of prior to this meeting. I said that I did take the drug test, and I would have taken it on Wednesday morning. I was then asked to write a statement explaining why I did not contact anyone when I saw that the clinic was closed. I was suspended pending investigation. Karla asked if there was a number that she could reach me at to let me know when they made a decision, and I provided my cell phone number.
On Monday February 15, 2010, I had not received a phone call and I called my supervisor to inquire about if a decision had been made. She said they decided to go through with the termination. On February 16, 2010, I went to the clinic again. I spoke with the nurse that administered my drug test on February 11, 2010. I told her I had run into some trouble at my job due to not taking my drug test the past Wednesday. She looked perplexed then said, "We were closed on Wednesday." I told her I had gathered that after waiting outside the clinic, but my employer did not believe me and I needed proof showing that the clinic had been closed that morning. The nurse said the clinic had not been open at all on Wednesday, but looked at an old sign-in sheet and informed me that the first patient had signed in at 1:04pm on February 10, 2010. She filled out a form stating that the clinic had been closed Wednesday morning due to a shortage in staffing.
I sent this form in to my former employer; however they maintained their decision. I was advised to try to get unemployment benefits. I went through all the paperwork and received a determination letter a few weeks later saying that I was eligible, unless my employer disputed my claim. Of course they did, stating that I did not follow their instructions and that I was aware of their requirements. I filed to appeal their decision, however I would like to know if I should even spend time attempting to do so. When/if I do put my evidence together for an appeal, what should I say to emphasize that I did not intentionally "not follow" their instructions?
I arrived at the clinic at 9:05am February 10, 2010. As I was about to get out of the car, I saw several other cars parked in the lot, with the drivers still seated in their cars. I noticed several people walk up to the door and pull on it but it was locked. I proceeded to wait in the parking lot. I called the clinic's phone number provided on the sheet that my supervisor had given me. I received no answer; the call went to voice mail. By now it was 9:30, and there were no signs on the door stating that the clinic was closed or that someone had left the office and would be back at a specific time. I left the clinic.
Later that afternoon, I called the clinic again at 1:07pm. I received no answer, which led me to believe that the clinic was still closed. I went to my appointment and after leaving, drove to work and arrived about 10 minutes before 6pm. I proceeded to look for my supervisor to tell her what happened with the drug testing situation. I explained everything, and a bewildered expression came across her face. She said she had to go upstairs and find out what "they" wanted her to do. About an hour later, she told me to write a statement explaining why I did not take my drug test.
The next morning on February 11, 2010, I went to the clinic again and arrived around 10:40am. I completed the drug test and later that night, went in to work and gave my paperwork to my supervisor. After a half hour, my supervisor approached me and asked me to go upstairs with her. We met with an HR manager named Karla. Karla told me that she had looked over my statement and the only thing that she did not understand is why I didn't call anyone. I looked at her for a moment in confusion and asked, "Call who?"
Karla did not answer me, so I attempted to fill in the blanks on my own. "Should I have called my supervisor?" I asked. Karla replied that my supervisor would not have been in the office during the morning (I worked a night job), which I agreed with, so I had no idea who Karla was referring to that I should have spoken with. She explained that I should have called the HR department and asked them for help. I never thought to call HR to deal with the situation; I didn't even know the phone number for the HR department, which I told Karla. I said that I called the clinic, because they were the only people I knew of directly related to the situation. Karla said she had called the clinic as well, and it went straight to voice mail.
Karla told me the company takes their drug/alcohol policy very seriously, and informed me that I was a non-DOT employee and we are supposed to complete random drug testing within 24 hours of being given paperwork, whereas DOT employees must complete their drug testing within 2 hours. Again, this was information I had never been told of prior to this meeting. I said that I did take the drug test, and I would have taken it on Wednesday morning. I was then asked to write a statement explaining why I did not contact anyone when I saw that the clinic was closed. I was suspended pending investigation. Karla asked if there was a number that she could reach me at to let me know when they made a decision, and I provided my cell phone number.
On Monday February 15, 2010, I had not received a phone call and I called my supervisor to inquire about if a decision had been made. She said they decided to go through with the termination. On February 16, 2010, I went to the clinic again. I spoke with the nurse that administered my drug test on February 11, 2010. I told her I had run into some trouble at my job due to not taking my drug test the past Wednesday. She looked perplexed then said, "We were closed on Wednesday." I told her I had gathered that after waiting outside the clinic, but my employer did not believe me and I needed proof showing that the clinic had been closed that morning. The nurse said the clinic had not been open at all on Wednesday, but looked at an old sign-in sheet and informed me that the first patient had signed in at 1:04pm on February 10, 2010. She filled out a form stating that the clinic had been closed Wednesday morning due to a shortage in staffing.
I sent this form in to my former employer; however they maintained their decision. I was advised to try to get unemployment benefits. I went through all the paperwork and received a determination letter a few weeks later saying that I was eligible, unless my employer disputed my claim. Of course they did, stating that I did not follow their instructions and that I was aware of their requirements. I filed to appeal their decision, however I would like to know if I should even spend time attempting to do so. When/if I do put my evidence together for an appeal, what should I say to emphasize that I did not intentionally "not follow" their instructions?
