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 Post subject: Pre Employment viasco
PostPosted: Sun Mar 13, 2016 9:57 pm 
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Hell again all. It has been quite some time since I visited here. I have an immediate problem and of course very little people to talk to about it.I'll try to keep it as short as possible, and if this topic is in the wrong forum my apologies to the mods.
I've been in succesful Sub therapy for 3 years now. My dosage is down to 1/2 of 1 strip per day. I've been trying to keep my life together and have been recently having trouble getting a decent job. I'm in a very depressed area, and it doesnt help that I am over 50 so most won't even give me a chance.
Anyway, I finally land something decent at a senior citizen facility that pays pretty well and the hours are great. I did great with the interview and they pushed me right through the process. (Backround checks, TB tests, Physical Therapy etc.
There was the drug test by urine speciman that they test right on the grounds there in their lab.
I nearly fell over when the girl came back in like 5 minutes after I peed in the cup and said, " I'm sorry to tell you your test is Positive" She asked about my meds and I listed them but I didnt think or never dreamed they would test for Sub especially in an instant test like this but she finally said " Your positive for something someone of Suboxene would have " Well, I could just cry and I'm a grown man but its been so hard to get something and now this.They havent told me no yet but suddenly ( and everybody in the place seemed to know about it) the mood toward me started to change as if I was a junkie trying to sneak past them
Anyway, to keep this as short as possible, I'm just devastated.
If they choose not to hire me do I have any legal recourse ? I mean I have all the "Welcome Abord" manuals and everything else they give new employees and I did all the paperwork for taxes and such and direct deposit and stuff, I WAS IN is what I'm trying to say and now.... They said they'll have to call me. :(
Meanwhile HIPPA violations happened all over the place. I ran to my Dr and got a nice letter explaining that I have been successfully treated for 3 years and would have no ill effects from driving so it shouldnt be a concern. I took the letter down to give to the transportation manager and he was out so I said to the secretary that I needed him to see this letter and what did she do? She took it out and read it !! SO of course now its all around and I am a very private person.
At my Dr office where I've been treated, they are just flabbergasted that this place even tests for Suboxene and especially to get an immediate positive result. They can't believe it, they are an addiction clinic and they have to wait extra days for the Sub part of the drug tests to come back because it isnt part of the rest of the screening and this place determines all this in 5 minutes on the spot?
Any ideas at this point PLEASE ?

S


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PostPosted: Sun Mar 13, 2016 11:29 pm 
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I'm sorry you're having such a hard time securing a job!

Here is a resource for you to read regarding your rights:

http://www.samhsa.gov/sites/default/fil ... e_0110.pdf

I hope this helps!

Amy

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PostPosted: Mon Mar 14, 2016 8:51 am 
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Hi Scofflaw, I am so sorry that this has happened to you! It sounds like it would be a case of discrimination to me! Especially with a doctor's note! If you don't get the job you could threaten legal action but do you really want to go through all of that and then possibly work in a hostile work environment? Again, I am so sorry that this has happened to you! Please keep us posted and let us know how you make out. Good luck!


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PostPosted: Mon Mar 14, 2016 10:25 am 
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Sorry soff, this shows that most out there in the world still do not believe in the disease model nor the treatment for it. Im not sure of your legel rights at this point, but i can tell you that at our clinic the panel UA cup has a bar for BUPE. They must have had one also. This is sad to hear. razor...


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PostPosted: Mon Mar 14, 2016 1:41 pm 
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Scoff this is so frustrating to hear. I can only imagine how aggravating that's gotta be! No it's not fair. Do u think maybe that since I'm guessing there's driving involved, they think that suboxone is going to impair ur driving and would be a liability? Of course we know that is not how sub works but there's a lot of ignorance out there concerning this medication. I'm really hoping they'll really listen to ur Dr and understand this is not like full opiates. If there's some way u could talk to the main person and personally explain that, it could possibly be worth it.

I sure hope u get this job!!

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PostPosted: Mon Mar 14, 2016 2:33 pm 
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Thanks for the support all, I appreciate it. Yes, that is their concern, it would be transporting the elderly to and from the center. The thing is for one, I can't believe they even tested for Sub and secondly, I've tapered down so much from 2 full strips a day to 1/2 of one strip that I don't even take until what would be after their business hours. I'm all but off altogether but I'm not quite ready to step off altogether, and my counselor doesn't suggest I do because I have come so far without any relapses and they would like me to stay the course of my treatment. To address their concerns about driving while on the med, I got what I thought was an excellent letter from my Dr that explains that there should be no concerns about my ability to drive.
Also, I guess it doesn't matter but to them, I look like another one of the heroin addicts that our town has so many of but my situation was different. I was in a motorcycle accident years ago and I had trouble getting off the pain meds that I was on.
I'm also frustrated by their ignorance to the whole thing. They really dont seem to know the difference between any of these substances, rather, I'm positive and thats all that seems to matter.
Like I said, I have all of their paperwork here welcoming me to the company and all and I'm now sitting at home waiting for a phone call.
I'm persistent though, I'll end up going back there in person :)
Thanks again all and if anyone has any insight on my possible legal rights I would appreciate it. The link provided was very helpful, thank you.


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PostPosted: Mon Mar 14, 2016 2:48 pm 
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Yes, I do believe you have been discriminated against. Taking a legal medication is not grounds for the action they've taken. The fact that she even mentioned Suboxone is a legal mistake they made. How can they not hire someone who is on a prescribed medication? Did you look at the site Amy posted? I will need to go look myself but I'm fairly sure I read that it is illegal for an employer to discriminate employment based on the use of Suboxone.

This is getting into very mucky waters and needs clarification. Yes! Keep at them and don't give up! I'll try to find some answers for you too and post back.

The scary thing is the fact that they even tested for Buprenorphine at all. I mean they make a Butrans Patch that would make the test positive. So they wouldn't hire someone on a patch either? What's next, your cholesterol meds?

This post has me very angry and let's keep it going until we find some answers.

And I'm very sorry you are going through all this.

rule

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PostPosted: Mon Mar 14, 2016 5:40 pm 
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Hello All, I am with Rule on this! I know someone this happened to with medical marijuana. Of course he tested positive. When questioned he provided them with a note from his doctor. They tried to say that he would not be able to do the job if he was under the influence. The doctor wrote a second note saying that he was capable of meeting the job requirements that had been outlined. He also presented them with a letter from his attorney stating that, in denying him the job, they were discriminating him based on his medical condition. That, of course, is against the law. He got the job! So I say, stay with it! You are within your legal right!


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PostPosted: Mon Mar 14, 2016 7:01 pm 
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Addiction is a protected disability. You cannot be legally barred from a job because of a history of addiction unless the job somehow would be affected by the addiction. So they could prevent you from handing out pain meds, for example. But driving? No way. The problem, though, is that legal cases cost money and time, and lawyers won't take them unless they see a potential payout. I suppose you could take up the hobby of suing these idiots-- and you may gain sympathy and win. But who would want to work in these conditions?

Is there anyone there who is capable of a reasonable discussion? Someone sympathetic to the idea of facing great odds, and overcoming them?

A quick story-- when I got out of 3 1/2 months of treatment on 9/12/2001, I was an unemployed, unlicensed physician. But I found a job as med director at 'Biolife', a plasma donation center. The regional people thought I was perfect for the job; I knew blood products inside and out, and I could even provide expert venipuncture services if necessary (I had been an anesthesiologist for 10 years). They said I had the job, and even showed me my office in the new building.

A few days before my first day, a VP at Baxter, in Chicago, told the regional people she had 'concerns' about an ex-addict working there-- never mind that they didn't stock any drugs. It didn't 'look' good. She set up a phone appointment for a few days later, and when the time came she didn't call. I called, and heard her secretary's hand against the receiver as she spoke to someone on her end of the call... then she said 'im sorry but she isn't here'. I said 'I know she is there, because I could hear her. Can't we just speak for a moment?' After another muffled exchange the secretary said 'I'm VERY sorry-- she is not available.' She really did sound sorry.... but her boss was a total jerk.

I called the EEOC, and they said 'yes, you technically were discriminated against, and that is technically illegal. But this stuff happens with addiction, and it just isn't worth fighting. Maybe if you were sober for, say, 5 years... that would be a bigger issue.'

So that's how it was, and maybe still is. Not much sympathy for the disease model. But if you fight, I am happy to do whatever I can to help you. Another letter? A blog post?

I hope the assholes out there don't take you down. Keep fighting.


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PostPosted: Mon Mar 14, 2016 10:54 pm 
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Wow Doc, I thank you for taking the time to address the issue I have going on and yes, what you experienced is another variation of the same type of thing I was just put through. What I find most disturbing is those who are decision makers are at the same time uneducated in just what it is that they are dealing with here. Every thing had been rolling along just fine and when this happened, the "mood" by all involved turned from very friendly to quietly suspicious and that bothers me because I feel like its just not my opinion that it isn't fair but more like a fact that it wasn't fair. This not to mention the HIPPA violations I personally saw let alone what I didn't see because I could just feel all the talking that was going on. I'm inclined to fight if it comes to be that I dont get the job, but as you say, what is it that I am fighting for? Like most humans I wouldnt want to be at a place where I really wasn't wanted, and how much of others opinions of me will now be tainted by this before I even got a fair chance to prove myself to be the good worker I always have been anywhere I ever went.
I feel sorry for people stuck in the dilemma of heroin and such but I wasn't ever of that character. I was involved in a motorcycle accident years ago and the surgeries that followed caused me to have great difficulty getting off pain meds and to me there is a difference.
But so far I never even got a chance to go that far into my life with them because I never expected them to test for Sub to begin with. They are free to think whatever they want to of me I guess.
Anyway, thank you for taking the time and for reading this. I will return the verdict here as soon as I know what that may be.


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PostPosted: Thu Mar 24, 2016 12:20 pm 
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Well friends, here I am again very sorry to say they will not give me the job now based on the findings of my drug test (as they interpret them anyway.) This has been very stressful for me since after I was given all of the welcoming paperwork and such and now they won't speak to me.
So, I contacted a lawyer who is a retired Circuit Court Judge and told him the story and he said " I believe you absolutely do have a legal case against them" So, I'm going to try to pursue it. The judge told me that he is going to connect me with an associate of his that specializes in employment law ( since he doesn't) and I should be expecting a call from him. I would imagine I should get that call because this guy is a retired Judge with a lot of clout and is well known. I was very lucky to get him on the phone to explain this.
What do I want ? I dunno, but what I don't want is for them to just get away with doing this to somebody. After all, I had told all of my friends and family that I finally got a job and its very hard to get them in my area especially for somebody that is 55 years old.
If you are reading this, I thank you for listening and again, I will be back to report on what happens if you are interested.
Thanks
S

PS thanks for the link to the Know Your Rights outline as I have printed it out and it is now a part of my paperwork.
Bless you all


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PostPosted: Thu Mar 24, 2016 12:40 pm 
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Hi Scofflaw, I am so sorry that you did not get the job and are now having to take legal action! It is so unfair! Yes, please keep us posted! Sometimes, just a letter from an attorney will be enough. I hope that is what happens in your case!


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PostPosted: Thu Mar 24, 2016 2:29 pm 
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I'm glad the link was helpful! And please keep us informed of what happens.

Amy

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PostPosted: Thu Mar 24, 2016 2:42 pm 
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Good luck! Definitely keep us updated because this is happening a lot and knowing what to do is very important. Ur story can help many!

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PostPosted: Sun Apr 03, 2016 1:25 pm 
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Well, here I am again.
I had my phone consultation with the bigshot attorney from the big city and no sooner it starts as soon as I mention the dirty S word he stops me right there and took an immediate attitude about it.
"Whats that? What do you take that stuff for?" and so on. It's just amazing how people that have so much power can know so little. It never got much better than that. He informed me that the burden is all on me to prove first of all, that they are absolutely not going to hire me, and secondly, that they hired somebody else and the person they hired was under the age of 55. ( I'm almost 56)
So, meantime twice more I contacted the place that "hired" me already and they wont commit to telling me anything definate. They won't tell me straight up that they are not going to hire me, rather they keep saying "they are looking into my paperwork"
The attorney says I have 1 and only 1 option and that is to file a complaint with I believe he said it was the EEOC or something similar. They handle discrimination complaints and he says I have no other option than that. And, he reminded me that he just gave me $200 worth of legal advice for free.
He then all but hung up on me.
This isn't over yet. ( Unless it is and I don't know it yet )

S


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PostPosted: Tue Apr 05, 2016 2:12 pm 
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I would contact the EEOC or whatever this big shot a-hole attorney said for u to do. Good grief I don't understand why ppl are so friggin against suboxone, it's really ticking me off. I was told that the mayor of a crappy little hole in the wall city in my area, made a statement in the newspaper about drugs would not be so bad in this area if not for "these suboxone clinics". Wth is wrong with these ppl? Are they really that clueless to think that sub is the problem? I can't take it....geez.

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PostPosted: Thu Apr 07, 2016 7:53 am 
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I just hate how as soon as the word Suboxone comes up, people who know nothing or little about it just assume the worst. I was addicted to opiates for over 12 years when I decided that I wanted to get off. I started out 3 years ago with 2 strips a day and have taken myself to this point where I only take 1/2 of a strip a day. I thought that I was successful, and that I had come a long way back. In rehab all those years ago they told me "It was a long road in, its probably going to be a long road out" and I've accepted that.
How can I tell this world that 1/2 of 1 strip doesnt "impair" me?
I'd like to get it out of my system altogether because of problems like this but I just don't quite feel its the right time and neither does my counselor.
I dunno.......
Thanks to all for reading.

S


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PostPosted: Thu Apr 07, 2016 3:46 pm 
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Hi Scoffaw,

DANG, This just reiterates the reason why I don't tell ANYONE that i am on subs. it totally sucks that we have to hide this dirty little secret still.

More people need to be educated on this.

I really hope you find something else to do for employment and just chalk this up to lesson learned on staying on the down low about subs. There are plenty of places that do not require drug tests. And especially over 5 panel drug test.

I wish you luck and am truly sorry that these morons made you feel bad about treating your disease.


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PostPosted: Thu Apr 07, 2016 3:52 pm 
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You bring up a good point Scoff,
Why do people on Buprenorphine become looked at as we are Not healthy. Not to be trusted. Not to have the correct type of recovery or any recovery at all?

There are many reasons I suppose. But I think most people just do not agree to giving people with a substance abuse disorder medicine or "drugs" . Be drugfree, then we will talk or trust you".
A lack of understanding of just what opiate addiction is. From the big city lawyer to the small time healthcare worker and everyone in between. If we stand up to this and give of ourselves as examples, will this help or only put ourselves in jeopardy? Idk..
I don't have an answer but read it and study it almost everyday. I see reactions from people in recovery. The thought is we are still doing something wroug, and that just SUCKS.
Thoses of us who are doing well are looked at as being at the bottom, still on something. All the while moving forward and keeping our addiction in remission. .

Just a short vent....hang in there Scoff....razor


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PostPosted: Fri Apr 08, 2016 11:42 am 
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Thanks for the kind words and the encouragement. I appreciate it. Even though I dont know any of you, this is where I think I reach a few people who truly do know what its like.
When I think a little longer on it, whats happened to me I wouldnt want others to feel discouraged by it. I certainly didn't intend that.
I know I've made the right choice to take this path to get me off the road that was probably going to take my life if I didn't, and whatever road that brings anybody to this point should know that despite the occasional discrimination or whatever residual things come with being on Subs, it's still a miracle to me. It's the help I needed to stop the madness and I know it works. I still thank God for it every day.
I'm sure it works for all of you too.


S


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