Employer Sabotaged Drug Test Results.
Hello all,
For context, this occurred in the state of SC in the USA. On Jan 6th, my husband was called in by his employer of 6 years for a random urine drug screen. He went to the collection site, the collector filled out the portion in the bottom that my husband was supposed to and had him sign it. He gave his sample to be sent off to quest or labcorp and was handed a copy of the chain of custody form and that was that.
The next day, I was looking over the form and realized the collector had wrote down his daytime cell phone number incorrectly and did not include his work cell phone number. Knowing he takes prescription medications that would need to be verified by a review officer, he called his manager who was in charge of coordinating the testing and notified him of the error. He explained that it needed to be corrected so they could verify his medication. He sent an copy of the erroneous form to him. His manager assured him that he would call and have everything taken care of, nothing to worry about.
Days went by, still no call from anyone. He tried to call the phone number listed for the MRO and it went to a fax machine. Again, he called his manager and told him he still hadn't heard from anyone. After multiple attempts to get a hold of him, he assured him that he had called and had the phone number corrected.
On Jan. 25th, he was called by his immediate supervisor to the office for a meeting. When he got there, the manager responsible for coordinating the testing and who he had been in contact with was also present. He handed him a letter terminating his employment due to a non-negative drug test, stating it was irreversible and they have a zero tolerance drug policy (that is not true but that's a separate matter). He briefly spoke with them and said he didn't understand, that he was assured this entire time this was taken care of. Silence on their end. On the report itself, it states "MRO unable to conduct interview." He asked for a copy of the test results and after he got home he called the number listed on it. The initial collection site notified his employer on Jan. 14th that the MRO was unable to contact him. His employer never corrected his contact number after he informed them multiple times, even after being notified by the collection site!
My husband had been with this company for 6 years, never received any corrective action or disciplinary write ups. He got along well with his co-workers and clients. Last year he was injured while on the job and had to file a workman's comp claim. They denied his treatment and he had to get a lawyer to file a suit against the company to fight for surgery. I can't help but feel like this whole thing was intentional so they had a reason to fire him and wouldn't have to pay out more in the lawsuit. We consulted his workman's comp lawyer and explained what happened, but he admitted this isn't his area of expertise, that we would likely need to find an employment/labor specialist.
He still has an injured wrist and is on light duty, will need to be off for 3 months to allow the bone to heal after surgery. It will be a miracle if he can find a job in his field willing to accept these limitations. We don't know how long the litigation is going to take before he is able to get his surgery. We've now lost our health insurance. I am going to pick up more hours at work, but this entire situation is an nightmare for our family. I understand that SC is a Right to Work state, so there is likely nothing we can do. But I'm hoping by some miracle he can either fight to get his job back, or stick it to them through the legal system.
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