Drug Crimes, Substance Abuse right violation?

[goodemployee]

I am a government employee with a CDL and take a prescription for a controlled substance. I recently had a mishap at work and although my test was determined negative for illegal drugs, the medical examiner told my supervisor that I was on the drug and what kind it was! I have taken at least one DOT drug test per year and I have been on the same medicine for over ten years, all the time employed by the federal government and have always been up front with the medical examiner. Never before was the medicine info given to my employer. Have my rights been violated??? I now have been excluded from running any equipment, including something so simple as a electric drill! And my employer has told someone else I work with that I'm in BIG TROUBLE!

 

[army judge]

You have HIPA protections, except in certain instances.
Not knowing (nor should you tell me here) what type of jeopardy you might be facing, I suggest you speak with your union representative.
Barring that possibility, you need YOUR attorney.

If your co-worker was told that you are in "big trouble", that might be a problem for them.
It might be helpful to you.
But, this will have to be proven, not just asserted in court.
I suspect that the person that said that will deny it under oath in court.

You will soon face some sort of dismissal proceeding.
If you are an employee of the federal government, why are you required to have a CDL?
You should have a federal government operator's license.
If an investigation determines you to be under the influence of certain substances, you are subject to dismissal.
I suggest you get very familiar with your employee handbook on this and other matters.
I also suggest, if you wish to retain your job, you engage an attorney or union representation.
The government will have professional skilled at dismissing employees they believe to have done wrong.
They will over power you for sure!

 

[mightymoose]

Also, prescription or not, you can still get busted for operating a vehicle if you are under the influence of drugs. Your employer would have some liability if you are operating their vehicles. It seems they would have a need to know.

 

[goodemployee]

I have been DOT tested more times than I can count. My doctor knows what I do for a living. The medical examiner doing the test has always called me to confirm the legal prescription so that it comes down to a negative test result and they know what I do for a living. I only take my medicine at night (after work) and I'm partially disabled, legally. Of course the medicine will show its in my system, even days after if I discontinue taking it. The mishap had nothing to do with my meds, the effects long worn off. It's not like I got into a wreck and hurt someone! I feel bullied and intimidated at my job by other employees, including the boss and I feel that's why I made the mistake, I'm always second guessing myself because of them. I don't feel like they've accepted me and the boss actually chastized me for not joining in on conversations with them on a social level. They talk bad about other employees and I will not sink to that level! I have spoken to an attorney and they have told me that I've broken no laws or done anything wrong. I met with my doctor and he says I've done nothing wrong. I just want to go to work and do my job, of which I can run circles around all other employees who like to play the "old government worker - milk it" game. I have an excellent safety record and numerous awards and bonuses in my work history. Thanks for your response.