Legal Question in Employment Law in Illinois
Unnecessary post accident DOT drug test, is what I am wondering about. Almost 3 yrs ago, I had an accident that resulted in an overhead strike with a bridge. I was told I had to take a DOT drug test, which I did. I passed drug test, but still let go from job. At the meeting were I was let go, my union rep., who was present, did not let me know my rights about the drug test. I was wondering if I can file a grievance or something against the company, or what I can do.
Also I emailed FMCSA Drug & Alcohol Program Manager
Office of Enforcement & Compliance whether the accident required a drug test, and the response was that no my accident did not require a DOT drug test.
1 Answer from Attorneys
If you were not fired for failing your drug test on what grounds do you wish to pursue your claim?
It seems that you did not suffer any damages from the taking of the test since it did not result in the loss of your job.