Article update on this issue
FROM BILL IN SOUTH CAROLINA
IS IT WRONGFUL TERMINATION?
*This page received more hits than any other page in this ezine on 4/15/2002. To be able to fully understand this issue, please use the site guide across the top of the page to visit Drug Testing Goofs and visit the links on both drug testing goofs and reader's issues. Please also check out the labor issue links to realize how few rights American Workers hold
I received an email from "Bill" in South Carolina concerning a recent termination from his employment. Bill has agreed to allow "Issues" to share his recent dilemma with other readers
I am writing this from Bill's site as it is him it happened too. Bill is 6'4" and over 300 pounds. The doctor put him on some diet pills but didn't tell him the pills had amphetamines in them. Bill is a trucker so has to do regular drug screening.
Recently, while his partner was driving, and he was asleep in the sleeper, they were rear ended but another big rig. Anytime and accident occurs, all drivers must be tested. Bill's test came back positive for amphetamines. The company fired him.
Bill went to the doctor who called and followed up with a written letter about the diet pills. Bill also went to the pharmacy and got a protocol sheet and took it to his bosses. They said they did not care they had to take the word of the testing company who said there was not a diet pill on the market that had amphetamines in them and that their staff doctor stated the same thing.
Bill tried to appeal the firing but they would not back down saying they had no choice except to take the word of the testing company and their doctor.
I have sent you, via snail mail, the protocol sheet and the test results and the name and address of the company he worked for.
I don't know if there is anything that can be done short of hiring an attorney and he hasn't the money to do that. I know there are attorneys who take cases like this on contingency sometimes but it is hard to find them and neither of us really has time. He has started a new job today but it doesn't pay him what he needs to cover his bills. I will turn my pay over to him to help try to save the house but I am not sure even that is going to be enough. We will survive though. We always do, it just may be that we survive without this house. (Please read our page on drug testing goofs.)