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False positive , they wont pay for my week of work

Discussion in 'Employment, Labor, Work Issues' started by REUBEN RION, Jan 16, 2019.

  1. REUBEN RION

    REUBEN RION Law Topic Starter New Member

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    ent to a week long orientation (trucking) they said they would reimburse travel expenses, and pay 1000 per week. I took drug tests on monday, got results back at the end of the week on friday. Hair follicle test claimed I failed for thc, I havent smoked herb in six years, so it was a false positive. The company said they dont have to pay me for the week and expenses, becouse I failed a test. Is that true? Or do they have to pay me for my week of orientation. Whether I failed or not
     
  2. army judge

    army judge Super Moderator

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    I suppose it is TRUE, because you say that is what you were told.


    You were told you won't be reimbursed because you failed a drug test.

    You might offer to pay for a retest to overcome their test result.

    However, there are very few "false positives" these days.

    Furthermore, a test isn't a "false positive" because you simply assert that defense.

    The burden is on you to PROVE your assertion, if you wish the POTENTIAL employer to reconsider their decision.

    The initial test you failed is an indicator.
    Another test is administered as part of the physical requirement.

    Marijuana, including a mixture or preparation containing marijuana, continues to be classified as a Schedule I controlled substance by the Drug Enforcement Administration (DEA) in 21 CFR § 1308.11. Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to drive a CMV if he or she uses any Schedule I controlled substance such as marijuana. (See 49 CFR §§ 391.11(b)(4) and 391.41(b)(12)). In addition to the physical qualification requirements, the FMCSRs prohibit a driver from being in possession of or under the influence of any Schedule I controlled substance, including marijuana, while on duty, and prohibit motor carriers from permitting a driver to be on duty if he or she possesses, is under the influence of, or uses a Schedule I controlled substance. (See 49 CFR §§ 392.2 and 392.4). Legalization of marijuana use by States and other jurisdictions also has not modified the application of U.S. Department of Transportation (DOT) drug testing regulations in 49 CFR parts 40 and 382. (See DOT "Medical Marijuana" Notice and
    https://www.transportation.gov/sites/dot.gov/files/docs/odapc-notice-recreational-mj.pdf ).
     
  3. mightymoose

    mightymoose Well-Known Member

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    They most likely will need to pay you for the time you attended.
    Reimbursements depend on any contract language. Do you have any written agreements that address reimbursement or failure to pass a drug test?
    In the end, if they don't pay what you expect to receive, your option is to go to small claims and convince a judge you are owed money for your time.
     

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