Terminated, in need of help

[box_beeyotch]

Sounds a little shady, almost like entrapment. Same concept as putting an illegal wire tap on someone's phone without a warrant. They were out to get you, and you let them...but what they did breaks not only contract but more than likely some type of law. Do some research and present it to your BA.

 

[UPSGUY72]

He may get his job back... Then they will find a new way to fire him.

He may get his inside job back. Getting his dot card back is going to be another problem that UPS had nothing to do with.

 

[IVE GOTTA PACKAGE 4U]

He may get his inside job back. Getting his dot card back is going to be another problem that UPS had nothing to do with.

The story doesn't add up.

 

[542thruNthru]

DRUGS < JOB

Job beats drugs everytime. When will people learn it's not worth the chance.

 

[UPSGUY72]

The story doesn't add up.

They usually don't.

 

[ManInBrown]

Something definitely missing from story. Best of luck getting your job back. Just say NO

 

[Cementups]

good luck!!!

https://www.mysubwaycareer.com

 

[OPTION3]

And that's your union at work for you. Sorry hope, all turns at well for you. Just keep paying those dues.

So the company FIRES the employee for an unjustly administered test result and you blame the union? You sir are incredibly stupid

 

[Mugarolla]

I agree with this. However, our local would fight and claw over the technicality of a wrongly administered drug test (something like entrapment). You don't need to hear the drug/alcohol speech from me, so I'll spare you, but since the drug test was administered without probable cause the termination shouldnt have much to stand on, but that's for your BA to decide. Good luck and fight for what you think is right. Where's Frigid Ad and Soberups when you need them. Smh.

I agree with what you said. Wrongly administered. May be able to get it thrown out with a strong union......if......he did not admit to smoking weed when brought into the office.

The grievance procedure is not a court of law that if something is obtained illegally, everything gets thrown out.

They can throw out the first test, and since he admitted smoking weed, test him again.

I would pursue this angle and hope that the second test is more than a month since he smoked and all the THC is out of his system.

They could also say that he admitted smoking weed and the drug test proves it.

Hard case to defend.

Best option would be for him to admit that he has a problem and would love to go into rehab to get clean.

If he even offered to pay for it, they might accept the deal.

 

[BakerMayfield2018]

Contract has pages and pages dedicated to drug testing. This will be thrown out. Proper procedure was not followed. OP. Do not let this go. Get contract read word for word page by page. If your local dosent want to help you hire a lawyer. You will win. You have to much time invested to give up. Good luck.

 

[Kicked Your Dog]

I agree with what you said. Wrongly administered. May be able to get it thrown out with a strong union......if......he did not admit to smoking weed when brought into the office.

The grievance procedure is not a court of law that if something is obtained illegally, everything gets thrown out.

They can throw out the first test, and since he admitted smoking weed, test him again.

I would pursue this angle and hope that the second test is more than a month since he smoked and all the THC is out of his system.

They could also say that he admitted smoking weed and the drug test proves it.

Hard case to defend.

Best option would be for him to admit that he has a problem and would love to go into rehab to get clean.

If he even offered to pay for it, they might accept the deal.

The contract is binding and mutually agreed upon as the rules for employment AND termination. If his termination is the result of a process not agreed to in the contract, then technically, he cannot be terminated. This will be hashed out at panel and most likely, later, in arbitration. If he was wrongly terminated he will receive back pay, unless there is a settlement between the union and co. There are a lot of variables that we may not know about, but you cannot be terminated outside of contract language. Whether or not he returns as a driver depends on federal dot regulations. It sounds like he took the FEEDER physical and not the less thurough PACKAGE physical. There are consent forms and a chain of custody process that MUST be followed, in order for results to be valid. All of which are to be signed off on, during testing, by the driver. Why this was not apparent to the driver is anyone's guess. Either way, he'll be sitting at home until a panel resolution is reached. Stay hopeful, but, this is the consequence of your personal choices. I'm not judging, I'm just pointing out the obvious.

 

[clean hairy]

The SAP program only applies to feeder drivers who fail a pre-employment or random drug test. It does not apply in your case.

I cannot give you any idea what will transpire at the State Panel. I have not seen this situation come up at the panel before.

It is possible that you may receive a termination reduced to a suspension, but I do not know that I would count on that. UPS has zero tolerance for workplace violence and drugs. You are in a gray area, it is legal in your state, but laws have not been written regarding marijuana and employment.

But the contract, at the moment is specific, and final and binding under both parties.

You are subject to being under 15 ng/ml Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA). Apparently, you were over this threshold and admitted to using marijuana.

If you are under Teamcare, you do not have insurance for any week that you do not work. If your State Panel hearing is not until next month, you will not have insurance.

If you are not under Teamcare, you need to check with your insurance. I believe you said 8 years. You have been here long enough that you should know, and care, about your benefits.

If you do lose your job, you have the opportunity to pay for COBRA. You can keep your insurance for up to 18 months, I believe. But it will be expensive. In the vicinity of $900-$1100 per month. You may find it cheaper on the exchanges.

I am not going to lecture you about drugs, but I do have one thing to say. It is too late for you, but maybe someone else may learn from this.

Why in the hell did you let them drug test you for? You said the doctor made a mistake. No, you made the mistake. Package drivers are not subject to random drug tests. You were there for your DOT physical.

If the doctor, or nurse comes in and starts the process for a drug test, kindly inform them that you are not subject to a drug test. You are there for a DOT renewal and are not a feeder driver. They will realize their mistake and discontinue with the drug test.

Good luck and I hope the panel gives you a second chance. They can agree to send you to rehab, even though it does not apply to you.

My understanding if a drug test is refused, it counts as a postive test result?
At the time, if he had stated he does use the illegal stuff, and prior to the test to state he would like treatment regardless of the drug test reult, that could have saved his job?

 

[Johney]

I have to disagree. On more than one occasion we had drivers given a "complete" physical and not just the "check to see if the person is breathing type of physical" that the DOT requires. Not all health care ranks up there with the Mayo Clinic----most of them will try to squeeze every dime out of whoever is paying wether a test is ordered or not. I can see some yeh who thinking -- well this is a DOT physical so I will sneak in a drug test and plead stupidity if questioned about it. I have about zero respect for most clinics now days.

So you think because they sneak in a expensive drug test UPS will just pay for it? Come on.

 

[pickup]

I agree. Those test's are not "accidentally"given. I have heard that they are in the $700 range per test, $700 test's aren't accidentally given.

My friend is a cab driver in New York city and he is required to pay for his own drug test every year. It costs him about 30 bucks and the cost is not subsidized and it is the same test that the DOT uses.

As for the order slip from UPS, if memory serves ,it looks something like this:
Joe Smoe is here for


check box ( ) Dot physical


check box ( ) Dot drug screen


UPS Manager

Joe DeskJockey.



I can easily see, if the medical clinic wanted to pull a fast one, checking the other box for the extra $$$. Or, the manager at Ups checked both boxes accidentally.

 

[rickyb]

Hello upsers, I've been with ups for 8 years now As a local sorter / utility driver in Washington state.

I went in for my dot physical last month and the doctors office made a mistake and administered a drug test. Was not random,I gave no reasonable cause. I failed the test for smoking marijuana. When brought in for interrogation I was honest and admitted to use thinking my punishment would simply be the s.a.p program. They told me to resign or face termination. I thought it was just a scare tactic and decided to face termination. Well they terminated me for it under article 28 section 2? Not giving me a chance to do the s.a.p program under article 35. They said that only applies to feeder drivers. What!?

Grieved the termination, went to the center level hearing and begged to keep my job. Was just informed yesterday from my Union rep that they are proceeding with the termination.

Now I am terrified. Busted my ass for 8 yrs, always honest, only 1 on road accident where I got stuck. Hardly ever got in trouble. Never smoked at or before work, and I'm flat out terminated!? Union rep says I can go to panel hearing but my chances of getting my job back are slim at best.

Anybody have some advice on the situation? Anybody know how long I have until I lose my medical benefits? Anything I can do to try and save my job? Please don't give me the weed lecture, it became legal here in 2012, if I'd known punishment was instant termination I never would of smoked. Completely blindsided by all of this, and now I fear I'm ruined... Any advice is greatly appreciated thanks guys.

corporations increasingly view their workers (and hte environment) as disposable. as i always say: if workers actually voted on how to run their jobs they worked at, stupid like this wouldnt happen

my advice would be to work for a railway in the short term and figure out your life. school is unnecessary if u have experience working outside, around heavy equipment, night shift, reading lists, and have color vision. but if u do choose school to be a railway conductor it will take 4 months and it was 7000, 7 years ago. you should earn close to 30 when you start.

 

[browntroll]

I agree. Those test's are not "accidentally"given. I have heard that they are in the $700 range per test, $700 test's aren't accidentally given.

my brothers union has them test at least once a month(random) the test cost $80. if they enter a new job site then it requires a new test,
but most of the time company he works for will pay for the test. him being a former pothead he understands that even if its legal or if he
had a medical card he will still get fired for testing positive. some of his jobs are so strict that even having an old beer can in his car can
get him in trouble, yes some places sweep parking lot with dogs.

 

[ArcherUTR]

The contract is binding and mutually agreed upon as the rules for employment AND termination. If his termination is the result of a process not agreed to in the contract, then technically, he cannot be terminated. This will be hashed out at panel and most likely, later, in arbitration. If he was wrongly terminated he will receive back pay, unless there is a settlement between the union and co. There are a lot of variables that we may not know about, but you cannot be terminated outside of contract language. Whether or not he returns as a driver depends on federal dot regulations. It sounds like he took the FEEDER physical and not the less thurough PACKAGE physical. There are consent forms and a chain of custody process that MUST be followed, in order for results to be valid. All of which are to be signed off on, during testing, by the driver. Why this was not apparent to the driver is anyone's guess. Either way, he'll be sitting at home until a panel resolution is reached. Stay hopeful, but, this is the consequence of your personal choices. I'm not judging, I'm just pointing out the obvious.

I appreciate your well put together reply, but I don't think it would be all so apparent to just all persons. We all don't work in the same states and we all don't have the same locals. We may also vary on medical and scientific education as we also might just not have drug testing experience with UPS.

I very much knew when in my short time in Feeders as I was asked to take a random in the nearest bathroom. It didn't seem like a choice.

 

[Kicked Your Dog]

I appreciate your well put together reply, but I don't think it would be all so apparent to just all persons. We all don't work in the same states and we all don't have the same locals. We may also vary on medical and scientific education as we also might just not have drug testing experience with UPS.

I very much knew when in my short time in Feeders as I was asked to take a random in the nearest bathroom. It didn't seem like a choice.

Dot drug testing is a federal, standard process, nationally. It's also part of the Master Contract language. There's no way he could/should have taken a drug test without being asked to sign consent and chain of custody forms. In this way, I mean it should have been MADE apparent that he was taking a drug test AND if he didn't sign these forms the results should be voided. You cannot consent to testing, during a physical, without express acknowledgement on file, which provides fair warning to employees with at risk behavior. The chain of custody process is integral to the legitimacy of the test, as well. I assume he knew the testing was a mistake during the visit, based on his statement. If not, I can only shrug my shoulders. Ps, I really only care about the integrity of our contractual rights. I'm in no way an advocate for smoking dope, legal or not.

 

[tacken]

So the company FIRES the employee for an unjustly administered test result and you blame the union? You sir are incredibly stupid

Ouch it hurts so much. Well I am sure the union will due everything to get his job back. I can only judge my local they are useless.

 

[reginald95]

On my last DOT exam I was given a cup to pee in. I didn't think much of it at the time but I did find it odd that I was never given one before.