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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56818
Experience:  Licensed attorney helping employers and employees.
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My husband resigned because they constantly were giving him"

Customer Question

My husband resigned because they constantly were giving him " radom " drug tests (all were perfect clean) 7 in 1 1/2 years. The boss was put out with him cause he was transferring to another terminal due to a necessary move. The told him to take drug test and kept changing where he was to go. He did not refuse the test. The boss agreed to accept his resignation and to turn in his keyd etc at the terminal he was currently at. Even the regional manager of Heartland Express said it was all done improperly. Well he tried to vet another job. Was hired and plans were made for orientation. The first report from heattland said resigned & did not refusedl drug test. Then they come back and change it to terminated and did refuse. Even regionL manage of Heartland said he should try to file appeal.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: He was in missouri at the time. His terminal was olive branch mississippi and home office is in north librrty iowa and our home was in lewisburg Tennessee
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: Other than he quit knowing the next week he was duefor.. approved for.. vacation and bonus.. so obviously he wasnt going to do domething like refuse a drug test. He has driven 23 yrs and not one time failed any kind of drug test.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Infolawyer replied 10 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 10 months ago.

are you asking about options to pursue a claim and preparation?

Customer: replied 10 months ago.
Heartland Express has tagged my work history with a drug test refusal. Can I correct this so other companies can hire me.
Customer: replied 10 months ago.
I quit during the drug test 2 hour time limit. I was and have always been drug free. I guitar due to their nonsense 3 days before my vacation, and safety bonus.
Expert:  Infolawyer replied 10 months ago.

You can demand they remove it. You can have a lawyer do so under threat of lawsuit for defamation, tortious interference with business and employment. Finally you could sue for an injunction, declaratory relief and monetary damages in state court.

Expert:  Infolawyer replied 10 months ago.

Often a lawyer letter will prompt removal as company seeks to avoid risk and exposure to lawsuit, and may even prompt a severance package settlement discussion.