[mikeasq]

I presently live in Massachusetts but I was in the past working in Afghanistan for an international contracting company in support of our military. The reason for this post is since I can't afford counsel to best defend myself at arbitration I need advice on how I might defend myself at an arbitration hearing where I was terminated for a urine drug test that came back positive for THC which is the active ingredient in cannabis. I am seeking new test in controlled environment and reinstatement to old position in Afghanistan. I will try to explain briefly the circumstances of my case. I am claiming here that I have never knowingly used any illicit substance in my life before positive test results as crazy as this sounds to a reasonable person! Now before test I did layover in Amsterdam waiting for a flight to the Middle East, and I might have inadvertently eat or smoked something I shouldn't have while in the city having breakfast. I should mention that I am a cigar smoker. Also in Afghanistan my coworkers commonly do share cigars with others if they don't have any and I might have been given a contraband smoke! Anyway when test was administered, their were many unauthorized personnel in and out of testing area where a series of sample cups were laid out on a table unsealed. The unsealed sample cups I do believe breaks the chain of custody, along with the amount of unauthorized personnel in testing area also breaks the chain. No thought was given to my strict right to privacy other than a blanket strung up separating testing medic and other coworkers when test results was announced. The company did however allow us to use a port-a-john to give a test sample. I would like to mention that 2 supervisors had false positive results for prescription med's, and I do believe that by company policy these supervisor's also should have been on a flight out but were allowed to keep their jobs. The project manager was interpreting the policy the way he so desired! I never received a receipt for the chain of custody when urine sample was brought back to the US for a retest. And I believe that corporate presonnel did have custody of sample on their way back to the US. Isn't this a conflict of interest to avoid any resemblance of tampering with the positive sample? Before test I was an excellent employee, never late, or out sick in 2 years of deployment. I always participated in any training opportunities made available to me and also was recommended for a forman's position and also selected as a security officer at base camp. Since I have worked for the US government in the past, this positive test will definitely make it difficult for me to get a security clearance. Can anyone please offer me advice on my best defense in this case. I would be greatly thankful for any assistance as this issue is hurting my family and self!

[excon]

Hello mike:

Yeah, I understand... I'm inadvertently smoking a joint right now.

What's more important than the chain of custody, is your employment status. I understand you work for a "contractor". But, are YOU under contract?? If not, you are an "at will" employee, and can be fired at any time for any reason at all - or NO reason.

Therefore, it doesn't matter if you were high or not. It doesn't matter if they mishandled your cup. None of that matters. Not at all.

excon