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Refused to haul hazmat loads,then company fired me for dirty drug test 2 wks after I took test 6mths employed 11 random test

Ontario, CA |

I'm a truck driver who was fired for refusing to haul hazmat loads which i not endorsed to haul they say the drug test are computer generate been tested 11 times in 6 months other employees only been test once including my co driver they test me 2 weeks early that's the test they say was dirty don't do drugs ,urine test then abandon me in Georgia in the middle of winter I'm from California left on the street

Attorney Answers 2


  1. Your situation appears to involve many issues, including whistleblower retaliation (see below), potential falsification of drug test results, harassment and something . . . I'm not sure what . . . for leaving you in Georgia. This situation needs an assessment of the specific facts. The Avvo board is not set up to handle the kind of detailed analysis needed to offer helpful guidance. Avvo works best for short, specific questions that allow for short, specific answers. Perhaps more importantly, anyone can read the discussions on Avvo so they are not confidential. The employer or whomever is involved in the dispute can read everything written here.

    You might have a claim for whistleblower retaliation. Whistleblowers are employees who refuse to violate the law, or who report wrongdoing that harms the public or has the potential to harm the public. The wrongdoer can be a private employer, a private entity, a federal, state or local government, or another employee. Usually, but not always, the wrongdoing benefits the person or entity that engages in the wrongdoing. Harm to the public may be caused by inflated prices, dangerous products, environmental harm, and more.

    Whistleblowers are protected by law. The purpose of whistleblower protection laws is to allow employees to report, stop or testify about this kind of wrongdoing, as a benefit to the public. Note that complaints about wrongdoing that only harm the employer itself are not protected by whistleblowing laws. Many whistleblower laws have a very short time period in which to file a claim. Please see my Avvo guide to whistleblowers for more information about whistleblowing: http://www.avvo.com/legal-guides/ugc/whistleblowers-and-their-rights?published=true.

    I urge you to contact one or more experienced employment law attorneys with whom you can discuss the details of your situation. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.

    I hope you can resolve your situation and wish you the best.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***


  2. Your post says you were fired for refusing to drive hazmat loads, but later you suggest you were terminated for a dirty drug test. If you have evidence of the fact that it was your refusal to unlawfully drive hazmat loads, you may well have a claim for wrongful termination. The question will be whether you can prove it.

    While violating the true random nature of the drug testing might give rise to an invasion of privacy claim, it would not be a basis for wrongful termination, even if the test returned a false positive. An employer is allowed to terminate an employee based on a drug test, even if the test results were mistaken. Only if the test results were in fact falsified would there be a claim for wrongful termination, in addition to other possible claims. However, proving falsified drug test results will be a real uphill battle.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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