Fired For Having An Elevated Bac But Didn’t Drink
My stepdad works (er, worked) for a very large company as a truck driver. They have a zero tolerance policy for alcohol and do random screenings.
He was called in for a test and blew a 0.013 BAC. But he wasn’t drinking. He does have dentures though, and his dentist warned him that the denture glue and mouthwash could show an elevated BAC if tested. He was wearing his dentures and rinsed with mouthwash right before going in to test. (He’s a smoker - hence the dentures.) He took the test within 5 minutes of getting there.
Our understanding of policy is he should have been given 15 minutes to try again and see if he could blow a 0.000. That never happened.
Policy is to inform them of a failed test. He never verbally told the lady he reports to about the number, but he did hand her a paper with his test results.
Does he have any chance of fighting this? He doesn’t want to sue for millions. He just wants his job back.
Edit: He lives in Virginia if that matters?
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