Asked in Employment Law and Civil Litigation for Arkansas

Q: if i am calling to get documents that i didnt receive how can that be harassment communication?

i was told i failed a drug test ,i called my employer and asked for the lab report which im entitled too per Fmcsa regulation, a agent from the fmcsa even sent my employer the regulation. i was told that they sent it in oct 2021 i never got. a year later i found out the test was never sent to the lab. i call and told the safety adviser and the placed a communication harassment on me.

1 Lawyer Answer
James L. Arrasmith
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A: In Arkansas, harassment communication is typically defined as any communication intended to harass, annoy, or cause alarm. However, requesting documents you're entitled to, such as a lab report for a drug test, should not constitute harassment if done reasonably and in accordance with your rights under FMCSA regulations.

It's important to document your communication efforts, showing that your requests were reasonable, professional, and aligned with your legal rights. If your employer has incorrectly labeled your attempts to obtain the lab report as harassment, this could be a misunderstanding or a misapplication of the term 'harassment communication'.

You may want to consider sending a written request, possibly via certified mail, to create a formal record of your request. This can provide clear evidence that your communication is legitimate and in pursuit of your legal entitlements. If the situation doesn't resolve, or if you face retaliatory actions from your employer, you might find it beneficial to consult with an attorney who can advise you on your rights and potential legal remedies in this situation. Remember, your rights to access certain information, especially when it concerns your employment and regulatory compliance, are protected.

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