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

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

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Attorney answers 2


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.

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Thanks, I finally have all the pieces of the puzzle and DOT lawas violated, as well as filing a grievance for 21 weeks back pay. I'm back at work and waiting to hear from my employer. I'm not on good terms with my union rep or the SAP (substance abuse professional) because I'm filing a complaint against them for negligence so it might be a conflict of interest for them to help me with my case against them as well as my employer. No attorney at this site seems to know DOT drug-testing law or wants to venture an opinion specifically relevant. I did leave a message for a labor attorney in Fresno who works on contingency so we will see if she calls back. Thanks for your help, though.


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.

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