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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111603
Experience:  20+ Years of Employment Law Experience
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My son went to work on 4-14-15 and was sent to lab

Customer Question

My son went to work on 4-14-15 and was sent to lab for random drug test as he had many times before. He worked for Central Transport from 5-1-06. He was unable to give sufficient amount of urine. He spent 3 hours trying to give a sample. He was given bottled water and he given 3 opportunities to give sample with a 5 minute limit. He was being watched and not allowed to sit down to give sample as he had on previous tests. On 4-16-15 he was swnt home suspended. On 4-20-15 he was called and told he was terminated.
At first Employment Security denied him benefits. After a appeal hearing the judge ruled the occasion was not misconduct as the company stated and restored his benefits. This situation has left a black mark on his employment record and his CDL. He didn't do anything wrong. He has never done drugs. The company wanted to rid the Co. of the highest paid driver at the Tacoma terminal. The terminal manager stated that Jeff had been a good employee and had no disciplinary problems.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that legally, an employee has to give a sample when demanded or within a reasonable time. If they gave him 3 hours, that is more than a reasonable time. CDL rules with DOT actually say that failure to provide a sample in a certain time is deemed no different than a refusal unless your son can prove a legitimate medical reason for not being able to provide the sample. Even though unemployment said it was not misconduct sufficient to deny benefits, the DOT can consider this a refusal and that is what the 3 attorneys are shying away from. So he can appeal his test himself to DOT in writing and he would have to have some medical reason and proof as to why he could not provide an adequate sample in 3 hours, but that would be his only recourse is medical proof to clear his CDL record on this or he will have to wait 3 years for it to come off.

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