Fired for testing positive for prescription med on return-to-duty DOT drug test?

Asked about 2 years ago - Yosemite National Park, CA

I was fired for testing positive for prescription medication on a return to duty DOT drug test. (The key point here is NOT ON DUTY) As per DOT procedure--the MRO (Medical Review Officer) interviewed both my doctor and I and verified it was indeed a valid prescription for a medical condition. The MRO then reversed the positive to negative and as per DOT Title 49 Part 40 I should have been put back to work immediately, especially since I no longer needed nor was taking the prescription pain medicine. My employer neglected to inform me that the MRO changed the positive test result to negative until 4 months later and re-employed me. I believe I am entitled to 4 months back pay since I was able to work at the time my employer was first notified of the MRO reversal and neglected to tell me

Attorney answers (2)

  1. Christine C McCall


    Contributor Level 20


    Lawyer agrees

    Answered . You had so many responses to your multiple posts about this matter last week, to the extent you have remaining questions you really should ask your union rep or consult with an attorney in person for an extended (perhaps paid) consultation.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Neil Pedersen

    Contributor Level 20

    Answered . Sorry but I do not find a question in the post. As you were advised in your multiple posts last week, your best possibility is through the union. Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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