False positive drug test- need desperate help!

[comnking]

I am a commercial truck driver in California. Please let me start by saying that I have never, ever, in my entire life taken a single drug. Nothing! Not even alcohol or a plain old cigarette. However, I tested positive last week in a random drug test for marijuana. I had a split sample test and it came back positive too. I have no idea how this happened and no one is willing to help me.

I was fired from my job and now I am being told that I cannot get a job driving until I complete drug rehab program. They will not give me any access to the sample bottles for me to confirm that they are the samples that I signed, or for independent testing.

I am told that I have no rights and will be branded a drug user on a national reporting system for truck drivers, which will make it impossible for me to get a job driving for at least 3 years.

I need legal help. I went to my doctor today to see if there are any medical reasons for this test to have come back positive, he is running test. Also, I went and had an independent fed drug test taken today and waiting for results. But, the DOT said none of this will matter even if it disputes their findings.

How can I prove my innocence if no one will let me? How can they take away my right to earn a living?

Is there any attorneys in or around Orange county that can help me and my family? I do not have the money to pay a large retainer but I need help desperately.

Can anyone help?

 

[comnking]

Just to add...

I went yesterday and submitted voluntarily for a Federal drug test and even requested to be directly observed so that there could be no claim of alteration. That test came back negative for any drug use.
I plan to also have a federal hair sample test taken too but the lab is waiting for the kits to come in. I am confident that this will also come back negative.

Kinda strange thing is that the first lab where the test came back positive finally sent me the report with the levels and it said that my level was 143ng. The cutoff for positive is only 15ng according to the paper. Mine was supposedly almost 10 times that amount. Don't you think that would be the level for a heavy or at least regular user? If I were either why haven't any of the other test they ever ran (several a year) come back positive? And, how could I test negative after only a week?

I reported this to the MRO this morning and he became very nervous and said none of this matters. He ended the call by saying that he didn't want to talk to me and would hang up.

How is any of this legal? How is it that the system has been set-up to prevent a person from proving their innocence? They keep telling me that I have no rights in this matter. They will not release the samples or any part of for further testing, including DNA. Why is that? What do they have to hide?

Besides that, when my job finally sent me my termination letter, almost a week later, they say that they are not offering me cobra because of the "nature" of my termination. Isn't cobra a requirement? I mean I would pay the entire premium, that doesn't make sense. Also, they have still yet to send me my final check for my last week of work. I called them today and they basically said they forgot and they would send it out on Monday. Isn't there some penalty for it being late?

Additionally, they did not give me any information on unemployment or anything of the sort. They say I don't qualify? Is that true? Even so, aren't they required to provide the information?

 

[seniorjudge]

What is a "Federal drug test"?