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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56561
Experience:  Licensed attorney helping employers and employees.
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I'm in the union working large Portland company and I am on

Customer Question

I'm in the union working for a large Portland company and I am on FMLA due to my wife's 2 year intense battle with cancer. I have been harassed by my supervisor and made to take a drug test based on false allegation that I crashed a machine. I did not crash a machine but the supervisor needed a reason to test me so he lied. The test came back positive but the chain of custody was illegible. There was error made somewhere because I don't use drugs. In order to prove myself I had a hair follicle test done 3 weeks later at a lab in Portland. I explained the situation and showed them the urine sample results so they would know exactly what to test for. The hair follicle test was for a 3 month history and the results came back negative. They said hair follicle tests are completely accurate. I have missed a month of work and am on a second chance at work being randomly tested and still being harassed by my supervisor. The union is not doing their job to represent me in a timely manner, I don't know what's going on there. I was already struggling financially with the expenses to be with my wife through chemo, radiation, many surgeries and 7 months of hospital stays 70 miles from home along with time off work without pay. My credibility at work with other employees has suffered and I feel I am walking on egg shells with my supervisor. I feel someone should investigate where the mistake was made with my urine sample whether it be malicious or due to the chain of custody being lost. Since I am still employed I don't know whether or not an attorney is the answer or if I should continue to wait for my union to take action. Can you suggest what coarse of action I should take. Thank you. ***** *****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

how long has it been since the issue was raised with the union?

Customer: replied 1 year ago.
I spoke with them Friday and I am suppose to meet with them today. Before that I have contacted them 2 to 3 times a week for the last 5 weeks. I work Graveyard and get off a 6:00 am
Expert:  Infolawyer replied 1 year ago.

I would have the meeting and see how it goes. It is always better, more efficient and cheaper to pursue through the union. If it appears they wont act, then consider involving a lawyer to deal with the union, and only as last resort, consider court action which can be more involved with time and money expenditures. Kindly let me know if that is clear and helpful.

Customer: replied 1 year ago.
Yesterday they had a Internet meeting and said that I could not attend. They would call me after the meeting and give me a heads up. I waited in till 4:30 PM and when I did not hear from them I call them but got their voicemail. This morning after work I spoke with HR. I was asked how were they to know if the chain of custody on my hair follicle sample was good. I said because my hair sample was taken and the lab test was done at the same location.
Customer: replied 1 year ago.
They set up an appointment for me to talk to the union attorneys tomorrow morning
Customer: replied 1 year ago.
I live in Vernonia and last night our town flooded. The highway to and from Vernonia is closed making it difficult for me to take care of business. There are a few things I'd like to ask you before I talk to the attorneys tomorrow will you be available today to answer?
Expert:  Infolawyer replied 1 year ago.

Sure. I can answer other questions. Just open a new question thread. Is the answer to your original question clear and acceptable?

Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively.