facing reprimand

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goodemployee

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I am facing a reprimand at work tomorrow. Some background... About a month ago I had a very minor fender bender in the work parking lot. They drug tested me. It was reported negative, although I'm on prescription meds that I take nightly, it was reported to my supervisor (due to the fact that I'm in a case sensitive postion w/the government.)

Since then, I haven't even been able to use a drill and they've put me into another dept. This afternoon I was told to meet tomorrow morning. My question is:

Since I cannot have an attorney there with me on such short notice, is it okay for my spouse to go with me and what should I say is the reason for this? I don't want to look silly to my superiors, am worried that I'll be fired, and am not the greatest listener (bad hearing issues as well). I also would like to record the conversation - what do you think about that?

I am told HR will be there and have been told by others that I'm in BIG TROUBLE! I'm upset that other employees may have been told about the drug results, violating my rights! I haven't broken any laws. My doctor says I've done nothing wrong. Any advise is useful, thanks.
 
I doubt that your employer would welcome or allow your wife to attend and/or participate.

That isn't a very smart or adult idea.

You can always call in sick and delay the proceedings in order to have your attorney make arrangements to attend.

If you have union representation, they would be allowed to attend.

Recording laws vary by state and locale.

That might also be another bad idea.

If you can't or don't want to delay the meeting, you are free to take notes.

Otherwise, inform them of your hearing loss and ask them to speak louder and slower.

If things are as dire as you believe, they have made a decision already.

They'll have things prepared to give you about your termination.

Tomorrow won't be the time and/or place to challenge their decision.

Let them make it short and sweet, because their decision has been made.

I'd let them tell you their news and speak with your attorney later to see what remedies you might have.

That way you can get in and out very quickly with no drama, tears, or fuss.

Good luck.
 
I cannot take notes, part of my disability is an injury to my wrist (fusion). If I call in sick they'll say I'm a no-show. Even another supervisor in another dept has told me to include my spouse if there's no one else available. I've spoken to an attorney who said its my right to have someone else there but I wanted to get a second opinion. It's certainly not a case of me not being brave enough. I am dyslexic, legally disabled and feel intimidated and bullied, even by the man who's reprimanding me tomorrow! I know you've answered another of my threads and I greatly appreciate the help.
 
It was reported negative, although I'm on prescription meds that I take nightly
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I assume you meant to say that it was reported "positive". If the positive drug test results is the ONLY thing that you worry you may be terminated for, then prepare for it. I'd suggest getting a statement from your prescribing physician that you are on medications which are capable of showing a positive result on a drug test. Have this on the physician's stationary and signed by him/her.

Unless the company is thinking of firing you for some other reason, this statement from your physician should put egg other their faces.

You didn't happen to have a parking lot fender bender with the company president's car did you? That would place a totally different light on the situation. :rolleyes:
 
goodemployee said:
Even another supervisor in another dept has told me to include my spouse if there's no one else available. I've spoken to an attorney who said its my right to have someone else there but I wanted to get a second opinion.
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It may well be your right, but the employer isn't obligated by law to allow it unless you are part of a collective bargaining unit.
 
No, it was reported negative due to the fact that the MRO called the pharmacy and saw that it was legally prescibed. I have a CDL. My doctor know what I take, I haven't changed my meds in over 10 years, all the while maintaining my CDL and doing DOT drug tests. I have always had to have the MRO call the pharmacy and have always tested negative. I only take it in the evening but of course it still shows in my urine! I think that they will try to say that the meds was the cause of the fender bender. The auto I backed into was just another work vehicle, minor damage. I over corrected while backing up with a trailer attached and the trailer hit the pickup. The crew doesn't like me because I make more money than them and the supervisor let them all know it! Another violation.
 
goodemployee said:
No, it was reported negative due to the fact that the MRO called the pharmacy and saw that it was legally prescibed. I have a CDL. My doctor know what I take, I haven't changed my meds in over 10 years, all the while maintaining my CDL and doing DOT drug tests. I have always had to have the MRO call the pharmacy and have always tested negative. I only take it in the evening but of course it still shows in my urine! I think that they will try to say that the meds was the cause of the fender bender. The auto I backed into was just another work vehicle, minor damage. I over corrected while backing up with a trailer attached and the trailer hit the pickup. The crew doesn't like me because I make more money than them and the supervisor let them all know it! Another violation.
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I thought you had a hearing this morning?
 
I did go to the meeting & just got back. Took the entire day off (paid leave) just because I'm so stressed over the entire issue. There were several people there and confidential medical info was talked about. After they told results of drug screen, I reminded them that I have never given consent to discuss with all people in room. Now that they all know, it should have to remain confidential and never leave the room in which it's been heard! They did seem suprised that I knew my rights of confidentiality. I am not a criminal. Just because I have to take a controlled medication under a doctors care doesn't make me a drug seeker. That's exactly how they made me feel. I have never asked my doctor for meds early, lost them, switched doctors, etc. They don't understand. Possibly because they have never been in chronic pain. Either way, it'll be difficult because all the employees seem to know what's going on. There are no secrets at work!!! Too much talk and not enough working going on with the govt. especially in personell and higher ups which of course trickles down to everyone eventually.

I did digitally tape the entire conversation, with their knowledge. I live in a state where it's a one party consent but out of respect I let them know I was doing so and even placed it on the center of the table. This was for my attorney if need be. Also, I took your advise and did not have my spouse with me although another supervisor told me I should have someone else there so I couldn't be intimidated. He believes I'm being railroaded. As I've said before, this agency is famous for intimidation and have been sued for similar circumstances in the past.

They are asking for additional medical info from my Dr. who has said he'd be happy to help out. When discussing with my Dr. the issue... I acknowledged that I only take the meds after work. He said it didn't matter if I took them before work, I've done nothing wrong. They are prescribed to me so that I can take them before work, but for personal standards I never have and have discussed this with him on every visit. It is pain managment, not abuse! They claim that they're not blaming this mishap on the meds but are concerned about safety issues in the future, possible liability issues. I completely understand what they're saying, reminded them that I did test negative and have broken no laws. Said it'd be no problem to get add'l info from Dr. They're letting me remain in my postition, still keeping me away from any driving, etc. and gave me a certain amount of time to gather info. When Dr. gives info, I'm suppose to be back in my normal duties. We'll see... otherwise they'll probably try to pawn me off onto another dept. or try to push me out altogether.

Still confused as to why meds are just now being divulged to supervisor with all the DOT drug screens I have taken in my employment. Again, I have always admitted to the drug screen co. what I take and they have always confirmed it with the pharmacy and always declared a negative test. MY EMPLOYER GETS THE NEGATIVE RESULT, THE END. No prescription meds have ever been an issue. My position hasn't changed in all my years with the agency - "case sensitive" - how come now it's being made a big deal of? My levels were even lower than in some other drug screens because I've been taking less for the past year (feel less pain). No drug changes, just less mg.

It's the good 'ol boy system here and now they've really got something to talk about! Thanks for all your words...
 
I am told HR will be there and have been told by others that I'm in BIG TROUBLE! I'm upset that other employees may have been told about the drug results, violating my rights! I haven't broken any laws. My doctor says I've done nothing wrong.
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It was this passage which made me believe you had meant the results were positive and not negative. Why else would you be told that you're in BIG TROUBLE? Why else would you be upset about others knowing the results? Why else would you be concerned about broken laws? Why else would you say your doctor said you did nothing wrong?

I'm beginning to think that very minor fender bender wasn't so minor afterall!!
 
Additional question? Should I now be declaring to them that since I'm legally disabled, I need some special restrictions? In other words, I have never asked for it because I feel I would've been discriminated against for advancement. I realize it's illegal to discriminate for disabilities but let's face it, it happens! Do you think that would maybe help me, or hurt me in the long run because if I do, I may not fit the requirements for the job? Can they fire me or would they have to make accomidations to put me into another position?
 
They claim that they're not blaming this mishap on the meds but are concerned about safety issues in the future, possible liability issues. I completely understand
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Okay, now we understand the issue. As an employer I'd be concerned too and not just for the company liability but also for you. You have not told us the prescription, but if it has side effects that could cause dizziness, etc. I wouldn't want you to operate a drill either.

They're letting me remain in my postition, still keeping me away from any driving, etc. and gave me a certain amount of time to gather info. When Dr. gives info, I'm suppose to be back in my normal duties.
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Sounds like to me that your employer is doing their due diligence.
 
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No they cannot fire you due to your disability and they must accomodate you accordingly. I'm not familiar with the details, perhaps another member will chime in.

Just an after-thought: They may consider termination due to you withholding information that was detrimental to your capability of performing your job. For instance, if your medication or your disability had symptoms of dizziness or fainting spells it could be disasterous when using a drill. If you hadn't informed your employer of this possibility, then you denied him the ability to accommodate your need. If the employer knew about your situation, then he could accommodate accordingly. My opinion - not necessarily the law.
 
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DO you need special restrictions? Can you do the job you were hired to do with or without an accomodation (which must be reasonable)? Are you unable to to the job without one?
 
Dear FlaRiptide:
They have dragged this out for over a month! Other employees have told me they heard I was in big trouble making it appear I've broken some law concerning the drug test which everyone knows I took. I don't want other employees to know my personal medical history because I don't ever want them to think I might be putting them into danger (riding in a vehicle I'm driving, etc.) MINOR FENDER BENDER. NO INJURIES, COSMETIC DAMAGE. The conception is this: I work with people who think that because I might be on prescription meds, I'm a drug seeker and abuser. They would assume that I'm putting them into a safety risk. They are uninformed and ignorant to the situation and would jump to conclusions. My reputation would be ruined. I have an above average skill level with many awards and certificates. These employees have discussed around the coffee table in the morning another employee they know of that has been taking prescription meds because of a tragedy in his family. They think he's wacked and talk about him all the time. These are conversations I won't involve myself into. If someone has a legitamate reason for taking meds, who am I to say it's right or wrong? No, the drug doesn't make me dizzy, faint etc. I get where you are going with this and understand.
 
I don't necessarily need restrictions but if I wanted them, could probably get them. My injury is aggravated by repetitive motion. It's a catch 22: I do have more pain because I do have to work and it does hurt (hence the pain med). I'm just assuming that if needed, I could possibly have restrictions imposed if it meant helping to keep my job. Does that make sense? Like I said, I have always done my job and done it quite well. I can continue to do it without restrictions but not without the meds - Dr. agrees. It does cause me pain because I've never asked for any special considerations. I'm a proud, hardworking person and enjoy the work I do. I've never hidden my injury from anyone I work with. I have considered in the past requesting reasonable accomodations, but felt that they would tell me that I could no longer do the required job and I would lose my position and my income. I have never claimed or not claimed on any paperwork to be disabled. No one has ever asked me other than in conversation as to why I wear a brace, and I always answer honestly.
 
I think the OP is reading too much into this. I had an employee before who had a personal injury accident at work and took the required drug screening following. Only this that showed up was prescription pain pills. We called the employee in for that "scary" meeting and policy was even worse. The employee was suspended for a time frame of one week, where she had the same 7 days to provide supporting documentation from the prescribing physician. Of course, in this case, she failed to do so, and thus was terminated. Had she provided the documentation, she would have came back to work and been paid for her entire week off. So, look on the bright side, show the paperwork they want and this goes away and be happy you get to work during the time they gave you to provide said paperwork.
 
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