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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33415
Experience:  Began practicing law in 1992
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I stoped working for a trucking company.when I quit they

Customer Question

I stoped working for a trucking company.when I quit they still owed me 3 more pay checks.When my 3rd pay check didnt show up in my bank account so I went to the office to get it.Before he gave it to me he said i had to take a drug test.I refused because i no longer worked for them.Well they turn around and now its on my Cdl that I refused a drug test.I need this off my record it is hurting me at my current job.What can I do?
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

What reason did they give for you having to take a drug test? Did they tell you that you wouldn't receive your pay unless you too the test?

Customer: replied 11 months ago.
No reason was given to me.But they finally did give me my check.But no reason why they wanted me to take a drug test
Expert:  Dwayne B. replied 11 months ago.

How do you know it is on your CDL?

Customer: replied 11 months ago.
It was told to my employer by that employee on a inquiry to privious employer
Customer: replied 11 months ago.
That was on a federal form
Expert:  Dwayne B. replied 11 months ago.

The first thing to try is to write a letter of complaint, either yourself or through a lawyer, to the DOT.

You would be better having a lawyer do it because they can explain that you refused to take the test because you weren't actually employed by the company at that time. It has to be phrased very carefully.

If the agency doesn't withdraw the information then your only other option is to file a lawsuit seeking a declaratory judgment in federal court. Again, you would want a lawyer for this, even more so than the letter, but you may be able to force the former employer to pay the attorney's fees.

Those are the only two methods that can be used to remove the information.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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