pre- employment drug test
This is a discussion on pre- employment drug test within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; I have extensive truck driving career of 18 yrs (no points, no accidents, driving awards, no positive drug tests pre-employment, ...
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I have extensive truck driving career of 18 yrs (no points, no accidents, driving awards, no positive drug tests pre-employment, or random). In Jan 2004 I applied with Jevic Transport ( New Jersey), and they claimed I tested positive, and I told them this is impossible and demanded a retest and they refused. But about a week later another company (Rex Lumber hires me and I passed drug test). When I left Rex because of a change of there operation 12/04, no companys would offer position, and finally a company told me that Jevic had put bad info. on my work record DAC report. I contacted a attorney and explained to him Jevics collection procedure and according to the DOT rules hand book correct procedures were not followed (over 30 recruits in my class, 4 recruits at a time were called up for drug test using a bathroom that was not in lock down procedures according to DOT rules at Jevic) Also during collection the collection officer had recruits set samples in certain order to keep track while she worked on each testing and this was done in a hallway between offices. I KNOW there was some kind of mix up (I have never done drugs, don't even drink, and never been arrested for either) My attorey($1100 later) found paperwork that was incosistant (collection point). Attourney then requested to Jevic to remove bad DAC info, but they refused. At this pint attourney said it would be a considerable cost to take Jevic to court. He also suggested talking to an SAP program in which I did and they did an investigation and felt I needed no rehab whatsoever, and signed me as clear to drive (truck). Does this stay on my DAC record permanantly? Do I have any other options without it costing me a fortune. Do I (and my family) have to suffer (no job offers) because of Jevics push-em through short cut hiring tactics?????
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It can stay part of the record and the entire incident could be damaging in the future as well. You may be able to find other counsel that will take the case on contingency if you are certain the test should be clean and the company is refusing all reasonable efforts to fairly review the problem. We could intervene as well if need be.
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