Employment Law

My ex husband was fired from his job due to a bad drug ...

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My ex husband was fired...
My ex husband was fired from his job due to a bad drug test, which someone set him up. The company outright told some of the employees why he was fired. Now, a year later, he was pulled in from the state regarding his cdl licence, and has to go for counceling for 6 months and is on probation for his cdl licening for 5... Read full answer
My ex husband was fired from his job due to a bad drug test, which someone set him up. The company outright told some of the employees why he was fired. Now, a year later, he was pulled in from the state regarding his cdl licence, and has to go for counceling for 6 months and is on probation for his cdl licening for 5 years. He was going to fight it but it''s been over a year, can he still fight it, didn''t the previous employer violate his rights of privacy and isn''t 5 years a bit harsh?
Submitted: 11 years ago.Category: Employment Law
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Answered in 4 hours by:
3/2/2008
Employment Lawyer: BusinessDoc, Consultant replied 11 years ago
BusinessDoc
BusinessDoc, Consultant
Category: Employment Law
Satisfied Customers: 12,816
Experience: MD, MBA - Consulting & teaching in business and HR management issues
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Could you please provide some details on the "bad drug test"?

Was this drug test done as part of a DOT test?
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Customer reply replied 11 years ago
No, There was a rumor, so they pulled him off the job, twice, and he passed both times, then, he was on a five day notice for another one, and he had a class he went to, someone told him, don't drink the water, it tastes really bad, but he did anyway, was pulled for a drug test and failed the third one at a class. Now, a year later after he was fired, someone sent a letter to his new employee,about the incident, and obviously notified the state, and they now put him on counceling for 6 months, and probation for 5 yrs.
Employment Lawyer: BusinessDoc, Consultant replied 11 years ago
"He was pulled for a drug test and faile the thrid one at a class" Was this test performed as a DOT test?

When was this drug test? Was the test reviewed by a medical review officer (MRO)?
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Customer reply replied 11 years ago
Reply to BusinessDoc's Post: He came up positive for a drug, which he doesn't do. I assume cocaine, he had 2 drug tests prior on a rumor which he passed. The company then told him they would check him 5 days later at CPR class, one of the workers told him, not to drink the water 'cause it tasted bad, but my ex, being diabetic needed a drink, took the urine test and failed and was fired. He started his own business, after that, which by the way, he was fired in March 07, and then started working for another company a few months ago. His new employer received a letter about the incident and it was also repoted to the state.He was ordered to take another drug test, which he passed. Now he has counceling for 6 months, and probations for 5 years on his cdl license. This man has had a perfect record in the tree business for over 20 years, now this. He was never arrested, clean driving record, and was not even working that day. I'm concerned because I think he is being treated as if it was a MTO, which legally I feel it would not fall into that category.
Employment Lawyer: BusinessDoc, Consultant replied 11 years ago
I'm still unclear - Was he working as a truck driver or other DOT regulated occupation at the time that this drug test was done? Was the test done by his (DOT regulated) employer at that time?

Also; you used the abbreviation MTO - could you clarify that abbreviation?
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Customer reply replied 11 years ago
Reply to BusinessDoc's Post: He is a tree climber. He was at a CPR class for the company. MTO is a Major Traffic Offense. He has his CDL license to drive a commercial truck for Tree removal, storm damage, etc. He was employed by a Tree Service Company not a state job.
Employment Lawyer: BusinessDoc, Consultant replied 11 years ago
The DOT has very specific rules governing positive drug tests. To return to any safety sensitive position with a DOT regulated employer (such as driving a truck), he would need to be evaluated by a substance abuse professional and undergo any additional testing/therapy required. He would also be subject to return to duty testing.

The CDL probation is issued by the DMV - and is in keeping with the aggressive approach to positive drug testing among CDL drivers.

I doubt that there is anything he can do at this point as far as an appeal since this occurred 1 year ago.
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