Driver Terminated for Alcohol.. Lawsuit?

[a911scanner]

Look. Anything fishy like this that happens to you anywhere in the world, the first thing you should do is GET A LAWYER!

When dealing with UPS, it's the very first thing I will do, right after hearing from my BA that nothing is going to be different.

No jumping through hoops unless MY LAWYER says so.

END OF STORY!

 

[clean hairy]

Refuse to take a test and you'll be automatically terminated. Do not pass go. Do not ever collect

In the first post he was to take a blood and urine test.
He took the blood test and left. This tells me he refused the urine test.
Instant termination?

 

[542thruNthru]

In the first post he was to take a blood and urine test.
He took the blood test and left. This tells me he refused the urine test.
Instant termination?

If he refused to take a test then yes. Though I don't think that's what happen.

 

[bottomups]

In the first post he was to take a blood and urine test.
He took the blood test and left. This tells me he refused the urine test.
Instant termination?

Not always. Years ago after a work related injury I went to an emergency room for treatment. Just before being discharged I was asked to take a drug test "per UPS rules". Knowing my rights, I refused and called my BA. He shows up at the hospital and after some back and forth discussion I am allowed to leave.
The dug test would have been clean but UPS had no right to request one in that instance.

 

[Demonspawn41]

The can was disposed of. However, it appears on police dash cam video. It is shown to the police.

A little late, first of all the situation was completely mishandled by your friend. So from here on out for any action or request he needs to use the handbook, it details everything. Next, if all the facts of your case are true then yes he can sue. In regards to a lawyer, my union agreement gives us free access to a lawyer for any action involving the company. Check to make sure yours does as well. Next be aware that my Union Agreement does in fact state that if there is probable cause to believe that someone is intoxicated or affected by drugs they do need to take both a alcohol AND drug test to make sure neither are the culprits. Its not simply pick and guess what someone is affected by. Now they fired him on the grounds of using alcohol and claimed it was on a coworker tip. All your evidence proves that wrong AND they cannot claim probable cause from rumor. This has happened before where they did this and it is in fact against my union agreement with my facility. Our state has a different union agreement than the rest of the US though so check yours. Now you need to go through a lawyer, please stop asking for advice on here and pay close attention to the mockery and conspiracy theories. These sites can be useful but in matters of contract and state law a lawyer is hard to beat. Especially since even if your state is does not have employee rights for termination. There is the matter of contract law through the union contract. Which most certainly needs a lawyer to comb through. He definitely needs to continue the treatment though. If he had handled this properly to begin with and had a union steward witness the entire situation he would have had a much easier time. He can also argue that the instructions were not clear enough and that the supervisor and by extension the company should have given more specific and accurate directions. I am not a lawyer, just familiar with my state's union agreement. As well as someone who studies law for fun. So I can give you arguments and some information but again it can't beat a lawyers advice.