i am in what i believe to be a unique situation and desperately need legal advice. i was terminated this past monday due to a positive result for marijuana on a drug screen.
the screen was prompted by an "anonymous" phone allegation by a motorist who made allegations of drug usage. i worked for a company in kansas city,ks.
i have had a 23 year exemplary career and spotless record. and i don't use illegal drugs. my job has required 250-300 days/nites of travel per year.
i live in mississippi. i did not work in kansas. while working a job in louisiana, i sat in on a card game at the motel i was staying at after work. 6-8 people particapated throughout the evening. several smoked marijuana throughout the evening. i didn't. as i said, i don't use drugs.
i made a serious error in judgement by not leaving but didn't really think about it at the time. this was friday nite.
monday, while driving, i encountered a motorist who seemed crazy, cutting me off, passing me then slowing down, and making obscene gestures. this isn't unusual, as i drive for a living and have encountered crazy drivers numerous times over 23 years.
the vehicle i drive has placards with the company name, phone number, and unit number on the sides. this crazy motorist called the "800" number on the truck and made an "anonymous" phone allegation of drug usage, only having the unit number, not my name, to give. again, i don't use drugs and had distanced myself from this motorist.
that was monday, and on tuesday(12/4) afternoon at 4pm i received a call from our human resources manager, telling me i had 3 hours to submit to a drug screen based on "reasonable suspicion", due solely to an "anonymous" phone allegation. i was told that failure to submit would result in immediate termination.
not thinking i had any reason not to do so, i submitted a urine sample. i had no inkling i had been exposed to significant exposure from passive inhalation, or second-hand smoke.
immediately after submitting the urine sample i called my supervisor from the clinic and asked him what i should do now? he stated i should get back in the truck and continue working and driving. i asked how that could be since there was no result of screen and the test results were "unknown" until the results come back. he again told me to continue working/driving.
i then worked and drove throughout the week and weekend. the following monday(12/10), 6 days later, i received a phone call from the medical review officer, informing me of a positive result. i questioned how that could be since i don't do drugs. he informed me that i had had exposure just above positive threshhold. it was then i remembered the card game and told him. he stated that that would cause this result.
my company was notified in kansas city immediately, but waited 8 hours to call and tell me i was terminated. i worked on a clients job site that whole day after they were notified of this screen result.
the company policy manual states that "violations of the drug-free workplace policy MAY lead to disciplinary action, up to and including termination, and/or required participation in a substance abuse rehab or treatment program".
they stated to me that, at first, they were not aware of these options in the manual. then, later, they said they were just sticking to their decision, regardless of my 23 year career and exemplary record.
then, and only then, after 6 days of dring/working, while waiting for test result, they told me i was not to drive the truck. i was told they were sending a supervisor from kansas city down to rural louisiana to pick up my truck and bring me a rental car to drive home. he arrived 24 hours later. he gave me the rental car, even after i asked him how that was possible since i had been terminated due to the positive test result. i also asked how they could have continued to ORDER me to continue driving/working the previous 7 days after submitting the urine sample but not having any result for 6 days, espescially since it was under "reasonable suspicion", and i shouldn't have been allowed or told to drive or work on clients property until the results were known. i got no satisfactory answer.
i then drove 6 hours home in the rental car.
having been terminated the previous nite i was no longer an employee, was not an authorized driver on the rental contract, and had no company insurance coverage to drive anymore.
i was contacted by the human resource manager, informing me i wasn't being paid for driving or working after monday nite. i am supposed to be paid "door-to-door" and this violated that policy. then she also informed me i would not receive my BANKED, ACCRUED VACATION TIME. i was only being paid for the previous week and the hours worked sunday and monday, irregardless of they're own policy.
i know this whole thing sounds crazy but it's true. and it's a nightmare for me and my family. we stand to lose our home and everything else.
my questions are whether the initial demand to take the drug screen based only on the "anonymous"(verified by HR) phone allegation was legal/proper, and whether them ordering me back into the truck after only submitting the urine sample and not having the result for 6 days was legal/proper.
they endangered me and the public and comprimised the clients whose facilities i worked at during that period since they claimed "reasonable suspicion".
and i also question whether they can take my banked, ACCRUED, vacation time of 3 weeks without paying me. i have spoken to my immediate supervisor several times since last monday and he has expressed outrage at human resources for these decisions they made and the fact that i was an exemplary 23 year emloyee with an excellent work history. he couldn't understand why they hadn't exercised the options in the policy manual regarding this issue. and he couldn't believe they had put me back inthe truck for 6 days with an unknown test result. he was going to look into the matter and urge them to reconsider.
he stated to me 3 times that i should seek "legal recourse". however, since they have taken away all my compensation i can't afford to do that.
my 23 year career has been trashed and the stigma of "drug user" has now been placed on my record. my family has been devastated by the loss of income and i may lose my home due to not being able to earn a living doing what i do, because i can't be hired without prospective employers being notified(HR TOLD ME THIS)of the positive test result.
there are many issues here i know. but the bottom line here is I DON'T USE DRUGS. i even offered to be tested or rehabbed at MY EXPENSE to prove this was a coincidence and clear my name. no such luck.
do i have any recourse, legal or otherwise?
what can they tell prospective employers?
can i collect unemployment in mississippi with this positive drug result?
please help! the walls are closing in. incredible stress and no sleep. thanx,
the screen was prompted by an "anonymous" phone allegation by a motorist who made allegations of drug usage. i worked for a company in kansas city,ks.
i have had a 23 year exemplary career and spotless record. and i don't use illegal drugs. my job has required 250-300 days/nites of travel per year.
i live in mississippi. i did not work in kansas. while working a job in louisiana, i sat in on a card game at the motel i was staying at after work. 6-8 people particapated throughout the evening. several smoked marijuana throughout the evening. i didn't. as i said, i don't use drugs.
i made a serious error in judgement by not leaving but didn't really think about it at the time. this was friday nite.
monday, while driving, i encountered a motorist who seemed crazy, cutting me off, passing me then slowing down, and making obscene gestures. this isn't unusual, as i drive for a living and have encountered crazy drivers numerous times over 23 years.
the vehicle i drive has placards with the company name, phone number, and unit number on the sides. this crazy motorist called the "800" number on the truck and made an "anonymous" phone allegation of drug usage, only having the unit number, not my name, to give. again, i don't use drugs and had distanced myself from this motorist.
that was monday, and on tuesday(12/4) afternoon at 4pm i received a call from our human resources manager, telling me i had 3 hours to submit to a drug screen based on "reasonable suspicion", due solely to an "anonymous" phone allegation. i was told that failure to submit would result in immediate termination.
not thinking i had any reason not to do so, i submitted a urine sample. i had no inkling i had been exposed to significant exposure from passive inhalation, or second-hand smoke.
immediately after submitting the urine sample i called my supervisor from the clinic and asked him what i should do now? he stated i should get back in the truck and continue working and driving. i asked how that could be since there was no result of screen and the test results were "unknown" until the results come back. he again told me to continue working/driving.
i then worked and drove throughout the week and weekend. the following monday(12/10), 6 days later, i received a phone call from the medical review officer, informing me of a positive result. i questioned how that could be since i don't do drugs. he informed me that i had had exposure just above positive threshhold. it was then i remembered the card game and told him. he stated that that would cause this result.
my company was notified in kansas city immediately, but waited 8 hours to call and tell me i was terminated. i worked on a clients job site that whole day after they were notified of this screen result.
the company policy manual states that "violations of the drug-free workplace policy MAY lead to disciplinary action, up to and including termination, and/or required participation in a substance abuse rehab or treatment program".
they stated to me that, at first, they were not aware of these options in the manual. then, later, they said they were just sticking to their decision, regardless of my 23 year career and exemplary record.
then, and only then, after 6 days of dring/working, while waiting for test result, they told me i was not to drive the truck. i was told they were sending a supervisor from kansas city down to rural louisiana to pick up my truck and bring me a rental car to drive home. he arrived 24 hours later. he gave me the rental car, even after i asked him how that was possible since i had been terminated due to the positive test result. i also asked how they could have continued to ORDER me to continue driving/working the previous 7 days after submitting the urine sample but not having any result for 6 days, espescially since it was under "reasonable suspicion", and i shouldn't have been allowed or told to drive or work on clients property until the results were known. i got no satisfactory answer.
i then drove 6 hours home in the rental car.
having been terminated the previous nite i was no longer an employee, was not an authorized driver on the rental contract, and had no company insurance coverage to drive anymore.
i was contacted by the human resource manager, informing me i wasn't being paid for driving or working after monday nite. i am supposed to be paid "door-to-door" and this violated that policy. then she also informed me i would not receive my BANKED, ACCRUED VACATION TIME. i was only being paid for the previous week and the hours worked sunday and monday, irregardless of they're own policy.
i know this whole thing sounds crazy but it's true. and it's a nightmare for me and my family. we stand to lose our home and everything else.
my questions are whether the initial demand to take the drug screen based only on the "anonymous"(verified by HR) phone allegation was legal/proper, and whether them ordering me back into the truck after only submitting the urine sample and not having the result for 6 days was legal/proper.
they endangered me and the public and comprimised the clients whose facilities i worked at during that period since they claimed "reasonable suspicion".
and i also question whether they can take my banked, ACCRUED, vacation time of 3 weeks without paying me. i have spoken to my immediate supervisor several times since last monday and he has expressed outrage at human resources for these decisions they made and the fact that i was an exemplary 23 year emloyee with an excellent work history. he couldn't understand why they hadn't exercised the options in the policy manual regarding this issue. and he couldn't believe they had put me back inthe truck for 6 days with an unknown test result. he was going to look into the matter and urge them to reconsider.
he stated to me 3 times that i should seek "legal recourse". however, since they have taken away all my compensation i can't afford to do that.
my 23 year career has been trashed and the stigma of "drug user" has now been placed on my record. my family has been devastated by the loss of income and i may lose my home due to not being able to earn a living doing what i do, because i can't be hired without prospective employers being notified(HR TOLD ME THIS)of the positive test result.
there are many issues here i know. but the bottom line here is I DON'T USE DRUGS. i even offered to be tested or rehabbed at MY EXPENSE to prove this was a coincidence and clear my name. no such luck.
do i have any recourse, legal or otherwise?
what can they tell prospective employers?
can i collect unemployment in mississippi with this positive drug result?
please help! the walls are closing in. incredible stress and no sleep. thanx,
Last edited:
