My husband works for Delta Airlines, and is subject to random drug
testing. He has been having health issues for the past year and is in the process of getting it all sorted out. He was on short-term disability and had tried to get back on it because he was having issues with his foot (diagnosed as cellulitis). He didn't get short term disability
because his doctor refused to do the paperwork, but didn't even look at my husband's foot at all, so my husband was going to appeal but his pay and health insurance was suspended. He went back to work, and finally got his insurance re-instated. But last week he had a random drug test, but after hours was unable to urinate. (It happened at his doctor before, too, and we sat there for a couple hours while he drank water and finally went a little). Delta sent him to a doctor to be checked out that same day, but didn't tell him he would have to give a urine sample, and he had urinated at some point in between the drug test where he was unable to and the doctor. My husband was told he would be called to set up another drug test. But, the person administering the test said my husband REFUSED to take the drug test, which wasn't the case at all! He sat there for hours but they would only let him have 40 oz of water. They are telling him that not giving a sample is the same as testing positive, and he will be fired. We offered to go and get a DOT Compliant drug test under supervision with a physical, but were told Delta wouldn't honor it, even if it was negative for drugs
. My husband has worked there for 27 years, never refused or failed a drug test ever. He is willing to take one any time they say. Can they fire him for this, or do we have a case? A friend of his said it was like they were firing him to avoid having to pay health care for his recent issues, and that got us thinking. Thank you for your help.