Lost his job and it's HIGHLY suspicious

[redrig]

My BF lost his job and we're thinking of hiring a lawyer for wrongful termination. They claim he failed a drug test after an "on the job accidnet". But the circumstances of the "accident" are pretty sketchy...a machine he was NEAR (not working on, not part of his line, he was just NEAR it) had a hose blow, so he went to shut the power down so that instead of 1000 gallons of glycol being sprayed all over the place, it was only about 50 gallons. He went for his drug test 2 days later (after playing phone tag with HR to get an appt) and then 10 days after that they call him to tell him not to come back to work. He asked for a copy of the test, since he swears he's clean (and he is) and his tools. They said they'd mail both things to him. Now it's 10 days after they said they'd mail everything and we still haven't received anything.

The kicker...last night he ran into 2 guys that trained him where he used to work. They both were recently involved in an accident on the job...and were never asked to test.

We're thinking of hiring a lawyer...any suggestions?

[stresseater]

Depending on what state you live in there may be nothing a lawyer can do. Many states don't have to give a reason at all as to why a person was fired. However I would still try. Good Luck :)

[hblueeyes]

If a drug test is failed then they are supposed to retest. They should also have you write down what you ave eaten in the last 24 hours since 1 large poppy seed muffin will give a positive resding. I'd look into that lawyer. Also HR should have sent out the results. It also seems that they may have been looking for a reason to terminate.

Me :p

[justinenycole26]

Since you said "he swears he is clean", that leads me to believe that he has used drugs in the not-so-distant past. If he had never done any drugs, you would have said so. I seriously doubt a company is going to lie about a positive drug test. They DO NOT have to supply you with the results. Don't waste your money on a lawyer, if you can even find one to take the case.

And BTW, don;t count on getting unemployment either. Not gonna happen with a positive drug test.

[redrig]

Per their company handbook, they Do have to supply you with the results, if you ask, which he did. A month ago. And still nothing.

They also re-assigned 16 people from his section to other parts of the plant.

[Goobie]

When someone in my company fails a drug test, the person who failed the test supplies the drug screening comany a list of prescriptions (if any). Many times a positive test can be because of a prescribed drug. I would contact the place that screened your BF, maybe they can give him a copy of his test or at least let him know what particular drug was found in his system, but there can be a retest if he requests it, we've had that happen too with employees. However, if you live in a state that is an "at will" state, they can fire you for no reason. As for you getting information, with the HIPPA laws the way they are you won't be able to get any information as a GF, and if you do, someone broke the HIPPA laws.

[Njean31]

if you live in an "at will" state then you have no chance at all. do you have money for a lawyer because they are costly but the right one can do pretty much what you want for the right price? drug tests are pretty much accurate i hate to say. they don't buy into the poppy seed deal, cough syrup, being in the room while someone else was smoking (contact high).........they've pretty much heard it all. i'm sorry and good luck.

[LunaChick]

When someone in my company fails a drug test, the person who failed the test supplies the drug screening comany a list of prescriptions (if any). Many times a positive test can be because of a prescribed drug. I would contact the place that screened your BF, maybe they can give him a copy of his test or at least let him know what particular drug was found in his system, but there can be a retest if he requests it, we've had that happen too with employees. However, if you live in a state that is an "at will" state, they can fire you for no reason. As for you getting information, with the HIPPA laws the way they are you won't be able to get any information as a GF, and if you do, someone broke the HIPPA laws.

Correct. Maybe your family physician can get the results from the lab that did the drug test. Do you know what he tested positive for?

[redrig]

We don't know what he tested positive for...and I know as a GF I can't get any info from anyone, and trying to get him to do anything is like pulling teeth.

[firechic]

We don't know what he tested positive for...and I know as a GF I can't get any info from anyone, and trying to get him to do anything is like pulling teeth.
Maybe he has a reason he is dragging his feet?

[lassss]

After an accident at work, the FIRST thing they will do is send the person for a drug test. There is no way getting around that. I have no clue as to why these other guys weren't tested but I highly doubt you can fight that one. Also most companies have a zero tolerance policy where they can fire you on the spot for testing hot. I kind of disagree with that because they should offer a person drug treatment. Good luck in your fight

[Goobie]

Maybe he has a reason he is dragging his feet?

That's what I was thinking earlier, but didn't say it. You don't test positive for no reason at all...?

[Bliss]

To the OP, If he is not a drug user, there is no reason for you to try to get him to do anything. He should be more than willing to fight for being wrongfully terminated.

[hblueeyes]

There are lots of ways to get false positives, that is why when a person fails a second test is usually done ASAP depending on what the positive reason was for. Cocaine lasts 48 (not sure it may be shorter) hours in the system while weed can last for years because it gets trapped in the fat cells and is not filtered thru the system.

Maybe he passed the test and was terminated for neglect or deriliction of duties.

Me

[Njean31]

for urine or blood:

cocaine lasts 72 hours (give or take a few depending on amount taken, individual metabolic rates, diet)
pot lasts 28-30 days (again depending on amount taken)


for hair: years and years on all accounts

those 2 are the most common types of testing but there are new tests being developed and used such as mouth swabs which i don't know too much about.

[Tasha405]

My husbands work place does the hair tests.

How was your bf tested? Urine, blood or hair?

[JANBAB]

And if they didn't test him until two days after....it is supposed to be done right away. The company I used to work for before I moved would call a taxi cab to take you so you couldn't stop anywhere, etc.

[VALENA-)45]

Sweetie's job does the same thing. To the OP, call the Labor board, and see if anything can be done. I didn't read all of the replies.

[SLance68]

As the administrator of a drug free workplace program for our company let me give you the dirt.

1) You are to be drug tested within a specific amount of time after the accident.

2) If the test results are positive the testing facility WILL NOT report to the employer a positive result until after they (the testing facility) has spoken with the employee to verify any medications or medical conditions that person might have that would cause a false positive. For example if you are a diabetic and your blood sugar was very high you could test positive for alcohol in your system even if you do not drink.

3) After a positive test result has been reported to the employer - depending on their policy you could be immediately terminated (zero tolerance policy) or told you must go through drug/alcohol rehab program before returning to work (second chance policy). EITHER WAY you can have the ORIGINAL sample retested at YOUR EXPENSE by a authorized drug testing facility per the company policy - if it is retested and comes back as negative then the test is thrown out and the positive result will be thrown out. You cannot go and submit a new test since there are masking agents and the company does not have to accept a new sample.

You should check with your state agencies that control drug free work place programs - the state makes the rules the only thing a company can choose is the type of policy (zero tolerance or second chance) and which testing lab they want to use.

I would have to say since the BF is not fighting this like a mad person then he is probably guilty as charged. He will NOT be eligible for unemployment due to a positive drug test. Don't waste your time calling a attorney they will take your money and you will get NOTHING.