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Can I fight this and get my license cleared?

Louisville, KY |

I have lost my job and my CDL license has been suspended due to a positive drug test, I would like to contest this because they say it is from a three month ago test but I'm just now getting fired and I would like to fight this Is it possible and what can I do?

Attorney Answers 4

Posted

You need to talk with a local attorney for advice and direction on this matter. You need an attorney familiar with job related discharge and the CDL laws and regulations.

[PDF]
(CDL) Manual - Kentucky State Police
www.kentuckystatepolice.org/pdf/Kentucky_CDL_Manual_2010.pdf

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

I can tell this is an important issue for you. It sounds like this is how you provide for your family. Whether it is possible to fight it depends on the circumstances (and not just what is listed above) of your incident. Also, it is unclear whether you were charged with anything or whether you were driving when this test was administered. If this is purely an issue of something your work did, then I recommend you speak with a reputable employment attorney. I don't understand exactly why your cdl was suspended, that is to say under what process. So you may also want to speak with a traffic attorney that can listen to what happened and figure out who and what is involved. So, gather up all of the paperwork and information that you have on this issue and consult with an attorney. That is really the only way to get you a decent answer and possibly clear up the matter.

This "answer" is not intended as legal advice and does not in any way create an attorney client relationship.

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Posted

Generally employers can fire employees for any reason whatsoever; so your options against the company may be limited. You may have additional rights for CDL; you have right to hearing on the issue and can contest it after given due process. You don't say who ordered the drug test and if you were convicted of anything.

Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.

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Posted

Very important that you contact an attorney to discuss the details of your case. Though an employer in an at-will employment situation does have a great deal of discretion in the decision to fire you, you are not completely without rights. When searching for an attorney in the Louisville area, you should focus that search on "employment law" attorneys. Best of luck.

No attorney-client relationship has been created by answering this question. I make no guarantees as to the accuracy of any information I contribute in answering any inquiry on Avvo and I strongly encourage all concerns be addressed in the private counsel of an attorney personally contacted and retained.

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