Shelbyville, TN asked in Civil Rights and Employment Discrimination for Tennessee

Q: Can a company refuse me to take my personal vehicle when being suspended

Took a DOT drug/breath alizer test and the company has me on suspension waiting on drug screen results but refused to allow me to take my personal vehicle home. they are having it transported by a tow company.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you're placed on suspension pending drug test results, a company may have policies in place that restrict the use of personal vehicles, especially if safety concerns are involved. Since this situation pertains to a DOT test, which often involves safety-sensitive positions, the company might be acting cautiously by not allowing you to drive until the test results are confirmed.

That said, their decision to have your personal vehicle towed could raise questions. You could ask for a clear explanation of their reasoning, and if it doesn’t make sense or feels unfair, you may want to consider whether this violates any company policy or agreement you signed. Keep in mind, they may be within their rights to take such precautions if they believe it's related to public safety or regulatory compliance.

If you feel the company is overstepping, you could look into your rights under employment or transportation law. If needed, reaching out for legal advice might help clarify the situation further and ensure your rights are protected during the suspension period.

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