California Employment Law
California Employment Law Questions Answered by Legal Experts
I am very anti-drugged driving and do not think people should be allowed to drive with any amount of alcohol, THC, opioid, or amphetamine, in their system. I never drive with any trace amount of those substances, personal or commercial vehicle, in my system, although back in college and high school I admit to all of it. I'm lucky to have survived the 60's.
As a commercial driver of 45 years without an injury accident, traffic ticket, or insurance claim against me, I would like to see more public transit for people who like to go places under the influence. More job security for me and less insecurity on the road with impaired drivers.
I smoked marijuana all through college and still graduated from UCLA with honors in '73. Maybe I would have become lawyer out of college if I did not smoke so much instead of getting a great job with Pfizer, world's largest drug company, for 20 years before semi-retiring to Yosemite to be a busdriver 25 years more. When I retire from busdriver I'm sure I'll smoke pot again, medicinally, for my arthritis and allergy to reality. I loved that drug. After laying off it for 40 years it might feel like the first, the very first time.
If I did not love my job so much I would retire sooner now that my house is paid off and I'm collecting Social Security. Maybe I'll just work seasonally and join a traveling rock band 9 months a year. I hear THC doesn't show up on the pre-employment drug test if you just quit for about 2 months before the test. Opiates can be metabolized out in 3 days, except for me, about 4 days, maybe 5 to be safe so I don't get fired again.
I mentioned the CCBADC regarding my SAP because that is where the Code of Ethics she violated is written. My complaint against her will go to the other board which is not federal or state, but where she got her CADC II. I already talked to them and know the procedure. I was hoping to get some legal advice from attorneys who have represented workers with SAP issues. I believe there are none so I'll have to wing it without counsel.
As a commercial driver I must obey strict rules and know the slightest misjudgment at my hands could kill lots of good people or seriously change their lives. I am aware of that every time I check out the bus and count my blessings that I have never injured another human in 45 years of commercial or personal driving.
As an attorney you must follow rules and be held accountable in your profession, although probably don't risk lives every day as I do in my job.
The SAP is not accustom to having a client with more knowledge of the law and prescription drugs than her, but I did work for the largest drug company in the world for 20 years and know well the drugs I dealt, legally. I did learn something when I went through the police academy about illegal drugs and investigation technique. I did learn about drug-testing DOT style given my participation implementing the first such program at Pfizer in the mid-1980s and them as a shop steward and contract negotiator for the teamsters for many years.
It is my observation and opinion that the SAP made some mistakes and should be held accountable if the mistakes did serious damage financially and reputationally to others. If she disagrees then we have a conflict that seeks resolution If there were no conflicts in society seeking peaceful resolution we would have no use for attorneys.
If everyone wanted to drive themselves everywhere I would be out of a job. If professionals did not abuse substances we would have no use for substance abuse professionals, and onward.
We all just want to do stuff better so we have JUST ANSWER to help.
I'll see if there are any Substance Abuse Professionals in the Just Answer constellation of experts and ask them questions directly instead of through lawyers indirectly. It would seem to me that if there are any people out there abusing substances there should be a proportional amount of Substance Abuse Professionals online to advise how to abuse substances, or not.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).