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    No I should be all set now, thanks for all the...

    No I should be all set now, thanks for all the incentive that motivated me to research the procedural law that governs these hearings. It was with all the "help" that I recieved on here that caused...
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    Talk about trying to find any reason to lean...

    Talk about trying to find any reason to lean towards the employer side wow that was good lol . I just reread every post I wrote and not once did I ever ask for a 100% opinion more like I have asked...
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    I printed this case of the massachusetts dock...

    I printed this case of the massachusetts dock worker and his employer actually had the chain of custody form and the lab test results along with the employer's witness and the employer STILL LOST...
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    [QUOTE=cbg;1250061]No one thinks you're lying....

    [QUOTE=cbg;1250061]No one thinks you're lying. But consider this.

    The people who actually have direct experience with MA DUA think this could go either way. If chyvan is the only one who's telling...
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    let me add that the witness (supervisor) also...

    let me add that the witness (supervisor) also when asked for the procedure taken at the test he described a single specimen sample and not the required split specimen sample , I also described my...
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    Sorry my fault, at the initial phone hearing...

    Sorry my fault, at the initial phone hearing there was no drug test results or chain of custody form sent in, I know this because I have the file on this case directly from the U.I. office.
    So with...
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    LMAO @ cowboy lolol omg that was good lol ok ok I...

    LMAO @ cowboy lolol omg that was good lol ok ok I get your point . I understand nothing in life is a slam dunk I know that. Just trying to see where this case leans towards at best that pretty much...
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    ??? I got this chain of custody the day I...

    ??? I got this chain of custody the day I submitted my urine!! !! I pissed in a cup and he put the lid on it and that was it im not sitting here lying trying to sway anyones opinion actually the...
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    this was i person both sides showed up his...

    this was i person both sides showed up his testimony was i failed and mine was i never used anything im having a hard time understanding how an impartial hearing officer can give one sides sworn...
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    lol ok ...well i guess all i can do is wait . i...

    lol ok ...well i guess all i can do is wait . i know that testimony is evidence but their testimony was awful and inacurate at best so without any substancial and credible evidence to sway our...
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    My point here is how would the U.I director know...

    My point here is how would the U.I director know that I did violate company rules with a positive if the test results were not presented? Im asking respectfuly.
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    Well my first post was a simplified version of my...

    Well my first post was a simplified version of my hearing with all the important points included. And I asked if it sounds favorable to me or my employer. But now with help and time researching the...
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    By the way ellemd they accused me of failing for...

    By the way ellemd they accused me of failing for a substance that causes people to do the exact opposite of falling asleep! The director of H.R. stated to the U.I. director that he had me tested in...
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    I will just leave it be if its upsetting anyone ,...

    I will just leave it be if its upsetting anyone , Im here because Im not a lawyer but figured this site would be helpful in understanding how these things are done. which is why I have provided the...
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    If my interpretation of these rules and...

    If my interpretation of these rules and regulations and how Im applying them to my case are correct
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    Which is exactly my point. As an "at will"...

    Which is exactly my point. As an "at will" employee I can be let go for ANYTHING, so being terminated by the company is one thing. But when applying for U.I. the issue U.I. is trying to find out is...
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    All I said when asked by the U.I. hearing...

    All I said when asked by the U.I. hearing director why dont i want to submit it , was its my own personel documentation and as the rules state im not the party that holds the burden of proof she...
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    My mistake I apologize

    My mistake I apologize
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    Ah yes im sorry lol Im synfail my mistake. It was...

    Ah yes im sorry lol Im synfail my mistake. It was for the link in California law that ellemd pointed out (thanks ellemd) that got me to look up Mass administrative law which helped me understand this...
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    very true now that you have brought up the point...

    very true now that you have brought up the point of me submiting the chain of custody it would have helped me but at the time i didnt see it that way i just felt why should i help the other side when...
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    if you feel you need to suspend my account when...

    if you feel you need to suspend my account when all im trying to do is raise questions on replies then i guess thats your choice . i havnt been disrespectful to anyone on here so im not sure why the...
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    Well due to this response I went on to look up...

    Well due to this response I went on to look up Massachusetts administrative law 801 CMR 1.02 and it seems like evidence is exclusivley what a case will be based on over other things like hazy...
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    So basically your saying that my former employer...

    So basically your saying that my former employer can make whatever statement he wants to at an administrative hearing then his witnes's statement conflicts with his until they correct each other in...
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    Thanks chyvan for taking time to reply to my...

    Thanks chyvan for taking time to reply to my question i appreciate it . Well I guess I just want to say that the unemployment director did see that I had the chain of custody form in my folder...
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    Massachusetts documentation

    I just had an unemployment appeal hearing for a positive drug test termination which the head of H.R. along with a company supervisor who accompanied me through the drug test procedure on company...
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