Failed Pre-employment Non-dot Hair Follicle Drug Test

On April 29th of this year, I went to a cdl training school with a company and on my last week ( 3 days before I was to take my cdl skills test), I found out that I tested positive on my hair follicle test but my urine came back clean, and I was sent home. I don't do drugs period, I don't take any kind of prescription drugs and I rarely take medicine if I am sick. I told the MRO doctor and the company this and asked if I could get re-tested and they told me no. Nothing is reported in my clearinghouse. But on my consumer report the company said I can get rehired. Every time I call them I get a busy signal to ask them what steps I need to take. I have never failed a drug test in my life until now.

Is there anything I can do to get this resolve. I really want to be a truck driver.

Berry,

Is the official test result recorded as a positive or a false-positive? If your life history truly is drug-free, then it seems the hair follicle test result is a false-positive. As such, surely the discussion with the MRO should have ruled out any other substance (food, prescription medication etc.) which could have caused the false-positive result. When did you drug test, or was this a random that popped? Excluding a random test, it seems to me that the results of both screenings, especially the hair follicle test should have processed prior to program admittance, much less the 3-days prior to skills test day.

This CDL training school, is it a company paid sponsorship? Did you sign a contract and are now financially on the hook? If so, you may want to strongly consider hiring an attorney that specializes in employment law. Again, if your life history is truly drug-free and, since your request to re-test was denied by the company, perhaps legal counsel can demand it on your behalf.

Good luck and good journey.

1. Get the same tests done and assuming negative, 2. Pay a lawyer for 1 hour and evaluate. 3. FInd out how to protiest or appeal the prior test (state?, third party tester?)

On April 29th of this year, I went to a cdl training school with a company and on my last week ( 3 days before I was to take my cdl skills test), I found out that I tested positive on my hair follicle test but my urine came back clean, and I was sent home. I don't do drugs period, I don't take any kind of prescription drugs and I rarely take medicine if I am sick. I told the MRO doctor and the company this and asked if I could get re-tested and they told me no. Nothing is reported in my clearinghouse. But on my consumer report the company said I can get rehired. Every time I call them I get a busy signal to ask them what steps I need to take. I have never failed a drug test in my life until now.

Is there anything I can do to get this resolve. I really want to be a truck driver.

I tested 4 days prior to going to the company sponsored program. Yes, I did sign a contract. And when I found out that my test came back positive, I was freaking out, like most would if they never failed a drug test and I told the MRO doctor and the company that I did not take any drugs, prescriptions, or even take over-the-counter medications, and I requested a retest and they said no. I feel that I have been black listed due to this situation and it has completely put my career and goals at stand still to even find work, and put me and my family in a financial bind. Any company that I call and I am honest with, tell me there is nothing they can do to help me, because of the non-dot hair follicle test with this company. The one thing that I don't understand is that when I looked at my consumer report the company that let me go, said I am eligible for rehire, but when I call them I feel that they blocked me because my calls will not go through, I call from another number to leave a message, and once again to not get a call back, just looking to get answers on what steps i need to take to correct this mistake that has cost me.

Any advice on this would be greatly appreciated.

Berry,

Thank you for the added context and clarification of your current position, as you stated, it has you feeling as if you are now blacklisted; it has put your career goals at a standstill, as well as put yourself and family in a financial bind. Please read Dale M.’s response, I second his advice. If I’m in your shoes, based on your testimony, I’d suggest the following strategy:

1.) Gather documentation and evidence. Contact the test service provider/ MRO to request a copy of the document that details the "positive" hair test result. Also, the MRO can explain this result in detail.

2.) Re-test the hair follicle at your cost. Do this soon, as you want to keep the re-test date as close to the original test date. Again, gather documentation such as the “custody and control form” and the “results report.” Once this result shows a “negative,” as it should according to you, then …

3.) Hire an attorney. The attorney will review your case and will advise you on how to proceed e.g., appeal the original test result in an attempt to clear your record, especially as it’s now a blemish on your consumer report. If the other side (the company) considers risk, legal fees and time, you should get the outcome you seek.

(Another thing, it could benefit your case to save the call logs as evidence demonstrating failed attempts to contact the company for answers and next steps. Additionally, the fact this company has labeled you as an eligible “re-hire” on consumer reports leads me to believe the original test result is a “false-positive" ... all the more reason to retain legal counsel to clear your name/ record.)

Try these legal directories, both are an excellent database of lawyers/ law firms, are highly rated and produce top quality local search results.

Martindale-Hubbell

FindLaw

Highway 44

No this has not been reported. I looked on my clearinghouse it is not there. Also, this was pre-employment test non-dot hair follicle drug test.

Highway 44 and Dale M,

Thank you very much for your response and advice on the matter. I really do appreciate it. I will inform you on how it all went.

Highway 44

No this has not been reported. I looked on my clearinghouse it is not there. Also, this was pre-employment test non-dot hair follicle drug test.

Berry,

You are very welcome, no worries. Yes, please drop by to report the outcome.

My reference to the consumer report reflecting a non-DOT hair follicle drug test result was in error. I’m not sure if these types of results are even reported to the consumer reports. Of course it’s not on the Clearinghouse because only the DOT regulated urinalysis drug test results (or alcohol) are reported here.

Either way, a re-test at your cost, along with both the documentation of the first “positive” result and the re-test “negative” could be presented as evidence to potential employers in your employment search. This shows them all along it was all a “false-positive,” in spite of how the events unfolded. If you do, then treat a re-test as time sensitive and do it a.s.a.p., as to protect the integrity of the timeline of your case. As to the point of retaining an attorney, my suggestion to do this was based on your statement of having an employment contract for CDL training with the company. My thought is, if you are on the hook financially to this company, then an attorney specializing in employment contracts law could assist in this matter.

Good luck and good journey.