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  • Report:  #150659

Complaint Review: Jard Marketing / Frosty Fresh Brands

Jard Marketing, Frosty Fresh Brands Filing false DOT report, trying to destroy my career, cost me one job already South Lawrence Massachusetts

  • Reported By:
    Methuen Massachusetts
  • Submitted:
    Thu, July 21, 2005
  • Updated:
    Thu, August 29, 2013
  • Jard Marketing / Frosty Fresh Brands
    71 Glen St.
    South Lawrence, Massachusetts
    U.S.A.
  • Phone:
    978-681-0016
  • Category:

On the 8th. of Oct. 2004 I quit my job with Jard
Marketing. On our way to the office the owner yells out dont hit me. I went to punch out on the time clock when the owner started acuseing me of being on drugs and wanted me to submit to a drug screen. I stated that I no longer work for him why would I submit to a drug screen.

A few days later a recieved by certified mail an
observed behavior reasonable suspicion record. It states that I tried to fight with him and
refused to submit to exam.

On the 6th. of July 2004 I started my employment with Schneider National on the 20th. I was terminated due to the fact that on there application It ask if you ever refused a drug screen with a previous employer. When Schneider contacted Jard marketing they stated I quit after they wanted me to submit to drug screen. I drove tractor trailers for Jard for three and a half years and
submited to several random drug screens.

Robert
Methuen, Massachusetts
U.S.A.

3 Updates & Rebuttals


LabelBob

Nashua,
New Hampshire,

JARD..NO SURPRISE

#4General Comment

Thu, August 29, 2013

Nothing JARD or the Gangi's do surprises me! they called me up one day and said "we are not paying you the money we owe you" they never filed for Ch 11 just moved down the street and changed their name.

ONE TIME that happens he will never get one cent of credit from me again

KNOW WHO YOU ARE WORKING FOR....they had 3 previous companies all with the same MO


Anthony

Rossville,
Georgia,
U.S.A.

The rules are clear

#4Consumer Comment

Sun, July 31, 2005

The Federal Motor Carrier Safety Rules are clear on this matter. If you are asked or demanded to appear for a drug test, for any reason, and you do not appear, you have refused to submit to drug testing, and this is to be viewed by any hiring carrier that you apply to, in the same light as a positive result.

If you were innocent, you should have submitted to the test. Your failure to take it, despite the circumstances that you cite, was your choice to make, and it has consequences as you have found out.

"Subpart IProblems in Drug Tests

40.191 What is a refusal to take a DOT drug test, and what are the consequences?
(a) As an employee, you have refused to take a drug test if you:
(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer."

"(8)(c) As an employee, if you refuse to take a drug test, you incur the consequences specified under DOT agency regulations for a violation of those DOT agency regulations."

"382.211 Refusal to submit to a required alcohol or controlled substances test.

No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under 382.303 , a random alcohol or controlled substances test required under 382.305 , a reasonable suspicion alcohol or controlled substances test required under 382.307 , or a follow-up alcohol or controlled substances test required under 382.311 . No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions."

The fact that you refused to submit to testing on the day you quit is what is hurting you, despite any number of random tests that were negative. Many drivers have been stung because they are unaware that refusing to take a test is as bad as failing one.


Jennifer

Manilla,
Iowa,
U.S.A.

Sue them for wrongful termination

#4Consumer Suggestion

Fri, July 22, 2005

Sue them for wrongful termination, and file a dispute with the DMV and submit evidence of being drug free from any medical facility that they forced you to go to for their drug screens. Find a good employment attorney to help you sue not only the former employer but the one that fired you because of another false report.

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