Terminated, in need of help

[jibbs]

How can you be confused about the two? Maybe because you are high and not paying attention?

There's a chance he's had to take them [edit: drug tests] before and operated under the assumption that every time you give a urine sample the procedure is identical to when a patient undergoes a drug screen.

I mean, it's not really an excuse but it's a hypothetical that does make the situation a bit more reasonable.

 

[UPSGUY72]

The problem you have is that you failed at test that was given by a DOT certified DR. They had to report your drug test result to the DOT. I would guess you didn't get your DOT card.

That being said in order to get a DOT card you have to do what the DOT says not just a UPS sap program.

If for some reason you started having problems at work and used the I need help with a drug problem. Then UPS would have gad you do a SAP program.

Your SOL

 

[Johney]

"Accidentally" gave you a drug test without your signed consent and then released the results of the test to your employer? I don't buy your story, sorry. You left something out somewhere....

I agree. Those test's are not "accidentally"given. I have heard that they are in the $700 range per test, $700 test's aren't accidentally given.

 

[BigUnionGuy]

I went in for my dot physical last month and the doctors office made a mistake and administered a drug test.

Really....



-Bug-

 

[burrheadd]

It's my understanding consent must be given before drug test can be administered

 

[UpstateNYUPSer(Ret)]

I agree. Those test's are not "accidentally"given. I have heard that they are in the $700 range per test, $700 test's aren't accidentally given.

This was my first thought as well.

It's my understanding consent must be given before drug test can be administered

OK, suppose this is true and the OP says "thanks, but no thanks". Do you think the doctor will complete the exam without the drug test and sign off on the DOT card?

 

[burrheadd]

This was my first thought as well.



OK, suppose this is true and the OP says "thanks, but no thanks". Do you think the doctor will complete the exam without the drug test and sign off on the DOT card?

My point is How could it be "Accidental"

Try to keep up

 

[UpstateNYUPSer(Ret)]

My point is How could it be "Accidental"

Try to keep up

It wasn't accidental.

 

[UPSGUY72]

Might gave the op. Check marked yes next to cdl on the the DOT medical card. So they gave him a drug test? Or may the Dr office just messed up told the op to sign here and he did without reading what he was signing and then gave him a drug test.

At this point it really doesn't matter. The Dot had to have pulled his DOT card.

 

[UpstateNYUPSer(Ret)]

...or his mgt team suspected something and requested the drug test be administered...

 

[Mugarolla]

This was my first thought as well.

OK, suppose this is true and the OP says "thanks, but no thanks". Do you think the doctor will complete the exam without the drug test and sign off on the DOT card?

Yes. Once the Doctor verifies the exam requirements, seeing that there is no drug test required, he will complete the exam and sign off on the DOT card.

Might gave the op. Check marked yes next to cdl on the the DOT medical card. So they gave him a drug test? Or may the Dr office just messed up told the op to sign here and he did without reading what he was signing and then gave him a drug test.

At this point it really doesn't matter. The Dot had to have pulled his DOT card.

Checking CDL on the exam does not constitute a drug test.

Feeder drivers are subject to random and pre-employment drug testing. They are not subject to drug testing for a DOT re-certification.


And for all you package drivers that might smoke weed on the weekends because it is legal in your state. You think you will not get caught because you are not subject to:

Random testing...You are not.
DOT Re-certification testing...You are not.

And you think you are not high on Monday morning so you will give no evidence for a reasonable cause test.

What if you are blind sided by a car crashing a red light at 11:30 am on your route? Or if a car rear ends you?

You are subject to post accident drug testing.

There are no laws, right now, to protect you from being terminated by UPS for drug use.

Smoke weed Saturday night, lose your job Monday morning. Do you really want to risk it?

 

[Mugarolla]

Random test all package car drivers.

Costs too much money. They only random test feeder drivers because it is the law.

Something about an 80,000 lb tractor trailer traveling at 70 mph on the highway doing far more serious damage, and casualties, than a 10,000 lb package car traveling at 35 mph in the city.

I know they drive on the highways too, so don't go correcting me please.

 

[upschuck]

Another example why not to do drugs. When will they learn?

 

[IVE GOTTA PACKAGE 4U]

Another example why not to do drugs. When will they learn?

When they get fired.

 

[rod]

I agree. Those test's are not "accidentally"given. I have heard that they are in the $700 range per test, $700 test's aren't accidentally given.

I have to disagree. On more than one occasion we had drivers given a "complete" physical and not just the "check to see if the person is breathing type of physical" that the DOT requires. Not all health care ranks up there with the Mayo Clinic----most of them will try to squeeze every dime out of whoever is paying wether a test is ordered or not. I can see some yeh who thinking -- well this is a DOT physical so I will sneak in a drug test and plead stupidity if questioned about it. I have about zero respect for most clinics now days.

 

[upschuck]

When they get fired.

You would think.

 

[Kicked Your Dog]

The SAP program only applies to feeder drivers who fail a pre-employment or random drug test. It does not apply in your case.

I cannot give you any idea what will transpire at the State Panel. I have not seen this situation come up at the panel before.

It is possible that you may receive a termination reduced to a suspension, but I do not know that I would count on that. UPS has zero tolerance for workplace violence and drugs. You are in a gray area, it is legal in your state, but laws have not been written regarding marijuana and employment.

But the contract, at the moment is specific, and final and binding under both parties.

You are subject to being under 15 ng/ml Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA). Apparently, you were over this threshold and admitted to using marijuana.

If you are under Teamcare, you do not have insurance for any week that you do not work. If your State Panel hearing is not until next month, you will not have insurance.

If you are not under Teamcare, you need to check with your insurance. I believe you said 8 years. You have been here long enough that you should know, and care, about your benefits.

If you do lose your job, you have the opportunity to pay for COBRA. You can keep your insurance for up to 18 months, I believe. But it will be expensive. In the vicinity of $900-$1100 per month. You may find it cheaper on the exchanges.

I am not going to lecture you about drugs, but I do have one thing to say. It is too late for you, but maybe someone else may learn from this.

Why in the hell did you let them drug test you for? You said the doctor made a mistake. No, you made the mistake. Package drivers are not subject to random drug tests. You were there for your DOT physical.

If the doctor, or nurse comes in and starts the process for a drug test, kindly inform them that you are not subject to a drug test. You are there for a DOT renewal and are not a feeder driver. They will realize their mistake and discontinue with the drug test.

Good luck and I hope the panel gives you a second chance. They can agree to send you to rehab, even though it does not apply to you.

I agree with this. However, our local would fight and claw over the technicality of a wrongly administered drug test (something like entrapment). You don't need to hear the drug/alcohol speech from me, so I'll spare you, but since the drug test was administered without probable cause the termination shouldnt have much to stand on, but that's for your BA to decide. Good luck and fight for what you think is right. Where's Frigid Ad and Soberups when you need them. Smh.

 

[IVE GOTTA PACKAGE 4U]

I agree with this. However, our local would fight and claw over the technicality of a wrongly administered drug test (something like entrapment). You don't need to hear the drug/alcohol speech from me, so I'll spare you, but since the drug test was administered without probable cause the termination shouldnt have much to stand on, but that's for your BA to decide. Good luck and fight for what you think is right. Where's Frigid Ad and Soberups when you need them. Smh.

He may get his job back... Then they will find a new way to fire him.

 

[Kicked Your Dog]

He may get his job back... Then they will find a new way to fire him.

Yep, time to turn over a new leaf, young man.

 

[IVE GOTTA PACKAGE 4U]

Yep, time to turn over a new leaf, young man.

Wish we heard the whole story.