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Falsely Failed Job Drug Test by cliffw
Started on: 04-29-2004 02:41 PM
Replies: 63
Last post by: 84Bill on 07-14-2004 06:59 PM
EthanSem
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Report this Post05-03-2004 10:22 PM Click Here to See the Profile for EthanSemSend a Private Message to EthanSemDirect Link to This Post
Great, the usual back and forth crap of people who while entitled to their opinions are clearly missing the facts. I don't presume to be an expert on the subject but this is how I see it.

1. You sign a contract with your employer that states that they can randomly test you for drugs. If this is a clear concise policy and you fail the test you have no legal foot to stand on. It WILL hold up in court and you WILL look like an idiot for trying to sue for wrongfull termination.

2. Drugs are illegal. DEAL WITH IT!!!!!!!

3. When you feel high those are your brain cells dying. I've never seen a gain from a loss. HAVE YOU!!????

4. In relation to that long term use will impair your mental faculties. If you refuse to look at scientific studies because you feel they are biased look at Ozzy as mentioned in the previous post. His mind is toast. If it wasn't for his wife he'd be in an institution.

5. An invasion of privacy? You signed up for it!!! It's company policy and again it WILL stand up in a court of law.

Quit pissing and moaning about the whole thing. Spend more time in your hobby. You'll be thankful and so will your mind and body. And for the love of God!!! quit making analogies to those who are overwieght. I know plently of large people who work their ass off including myself.

That's it. I'm done with this.

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Report this Post05-03-2004 10:37 PM Click Here to See the Profile for WichitaSend a Private Message to WichitaDirect Link to This Post
 
quote
Originally posted by 84Bill:


Even airline pilots can fly 8 hours after drinking, the rule is called "8 hours bottle to throttle " something to mull over next time you board an airplane.


Not anymore. It is 12 hours bottle to throttle now, and most airline pilots never even take the risk of going out to drink on the day before they fly out. One of my best friends is an airline pilot for Airtran and the only time he will even sip a beer is when he has several days off ahead of him.

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84Bill
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Report this Post05-04-2004 01:29 AM Click Here to See the Profile for 84BillClick Here to visit 84Bill's HomePageSend a Private Message to 84BillDirect Link to This Post
 
quote
Originally posted by EthanSem:

Great, the usual back and forth crap of people who while entitled to their opinions are clearly missing the facts. I don't presume to be an expert on the subject but this is how I see it.

Apparently you are no different.

 
quote
Originally posted by EthanSem:
1. You sign a contract with your employer that states that they can randomly test you for drugs. If this is a clear concise policy and you fail the test you have no legal foot to stand on. It WILL hold up in court and you WILL look like an idiot for trying to sue for wrongfull termination.

So sign on the dotted line and give up the freedom of privacy to a company. Sounds good to you because you don't care about mine or anyone else's privacy. Problem is you will sign it away because apparently "you have nothing to hide". Well I do and I don't want anyone nosing arround in my life and IT IS not legal to force anyone to sign. But hey so I can't get a job..hummmm I KNOW! I can always go for the government handout and sit on my ass eating and getting fatter because of a nasty case of munchies.

 
quote
Originally posted by EthanSem:
2. Drugs are illegal. DEAL WITH IT!!!!!!!

Oh is that a fack Mr. Know I Tall? Drugs are NOT illegal, drug "possesion" is illegal without permission.

 
quote
Originally posted by EthanSem:
3. When you feel high those are your brain cells dying. I've never seen a gain from a loss. HAVE YOU!!????

Have you? or are you Sooooo afraid of dieing that you will not even live and see what life is all about. Ahh I see you like your secure sequestered little life. While we are on the subject why not tell us about your private little heaven devoid of drugs and how so wonderfull it is.

 
quote
Originally posted by EthanSem:
4. In relation to that long term use will impair your mental faculties. If you refuse to look at scientific studies because you feel they are biased look at Ozzy as mentioned in the previous post. His mind is toast. If it wasn't for his wife he'd be in an institution.

Scientific studies also show that old people are impaired too. Look at all those old ladies driving over curbs and fumbeling for a penny at the checkout. Ozzy's brain may be toast but the man is a legend and he can still sing but not as well as he used to back in the day... age, it took it's toal on him.

 
quote
Originally posted by EthanSem:
5. An invasion of privacy? You signed up for it!!! It's company policy and again it WILL stand up in a court of law.

I didn't and I will not ever. I'll just depend on good ole Uncle Sam until the rules change. It's an invasion of privacy and I will not allow it. Oh... and I don't do drugs anymore either.

 
quote
Originally posted by EthanSem:
Quit pissing and moaning about the whole thing. Spend more time in your hobby. You'll be thankful and so will your mind and body. And for the love of God!!! quit making analogies to those who are overwieght. I know plently of large people who work their ass off including myself.

That's it. I'm done with this.

It's my right to "piss and moan" about violations of civil liberties. I call it a war and I'm in it to win so go ahead and join the opposition or just lay down and die. Freedom is my ultimate goal and I want it for my own reasons, you may give it up if you want but you are being VERY foolish.

It was people like you who allowed the formation of the Social Security Act that now dominates our lives with the yolk of oppression. A number assigned to you, that IS you so you can be tracked so people can know who you are, where you work, know who all of your kids are, how old they are, their school grades, medical history, know how much you make, how educated you are, your school grades, your bank and credit cards accounts, know your mom and dad and what they do, where they work, how much they make. All of this just by your SSN

All of this was promiced NEVER TO HAPPEN and privacy will be assured, here we are how many decades later?

All because it "was a good idea".

So glad you are an expert because I was beginning to think until I saw your post but now I don't have to because we have a fearless leader such as yourself defending freedom and thinking for us all.

So glad you are done and so is the damage you caused. Now I have to clean this damn mess up all by myself.

Thanks.

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84Bill
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Report this Post05-04-2004 01:39 AM Click Here to See the Profile for 84BillClick Here to visit 84Bill's HomePageSend a Private Message to 84BillDirect Link to This Post

84Bill

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quote
Originally posted by Wichita:
Not anymore. It is 12 hours bottle to throttle now, and most airline pilots never even take the risk of going out to drink on the day before they fly out. One of my best friends is an airline pilot for Airtran and the only time he will even sip a beer is when he has several days off ahead of him.

It's a good rule.
Most pilots honor it but some kinda skirt it a bit. Lets hope they don't make a bad scene and ruin it for your friend and myself. I'd hate to have to piss in a bottle to renew my ticket, I'd be really pissed off about that!

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EthanSem
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Report this Post05-04-2004 09:49 PM Click Here to See the Profile for EthanSemSend a Private Message to EthanSemDirect Link to This Post
All I'm trying to say is that the saying "The end of privacy is over" is a true fact. There are more important things to worry about than getting high. There is simply to much to do in life and I need ALL of my mental faculties.

If you don't believe me about the company policy thing ask any lawyer. They will tell you the same whether you like it or not. Piss and moan as you might it won't change a thing.

And if it makes you feel any better I never did agree that our private lives should be monitored. I don't like it at all but I accept it as a necessity and move on with my life. If you want freedom you must make sacrifices. In this day and age privacy is the next thing to go. I hate it just as much as you do.

By the way I never said I was an expert. I just repeat what I observe in life and learn from the examples of others. It has served me well this far.

[This message has been edited by EthanSem (edited 05-04-2004).]

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84Bill
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Report this Post05-04-2004 11:46 PM Click Here to See the Profile for 84BillClick Here to visit 84Bill's HomePageSend a Private Message to 84BillDirect Link to This Post
LOL!!

 
quote
Originally posted on MSNBC.COM:

U.S. study finds more marijuana abuse
Marijuana abuse and dependence rose in the United States in the 1990s, possibly because the substance has become more potent, according to a study released Tuesday.

Use of marijuana by U.S. adults remained stable at about 4 percent in the 1990s, but marijuana dependence or abuse rose to 1.5 percent from 1.2 percent, according to the study published in the Journal of the American Medical Association.

That means about 800,000 more adults abused the drug or had marijuana dependency, Dr. Wilson Compton, Director of the Division of Epidemiology, Services and Prevention Research at the National Institute on Drug Abuse, said in a news release.

The increases were most notable among young black men and women and young Hispanic men, the study said.

Increased potency to blame?
“This study suggests that we need to develop ways to monitor the continued rise in marijuana abuse and dependence and strengthen existing prevention and intervention efforts, particularly developing and implementing new programs that specifically target African-American and Hispanic young adults,” said Dr. Nora Volkow, director of the NIDA.

The American Psychiatric Association defines abuse as repeated instances of use under hazardous conditions, legal problems related to marijuana use of meaningful impairment in school, work or social settings. Dependence is defined as increased tolerance, compulsive use, impaired control, and continued use despite physical and psychological problems caused or made worse by use.

The study used a survey of 42,862 men and women aged 18 years and older taken in 1991 and 1992 and a similar survey with 43,093 participants in 2001 and 2002.

Increased potency of marijuana over the last decade may be partly responsible for the drug’s increased abuse and dependence, the study’s authors said, adding that numerous cultural, psychosocial, economic, and lifestyle factors likely play roles

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Report this Post05-04-2004 11:50 PM Click Here to See the Profile for 84BillClick Here to visit 84Bill's HomePageSend a Private Message to 84BillDirect Link to This Post

84Bill

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quote
Originally posted by EthanSem:


Oh ok, I see what you mean. I still mean what I said though. No offense taken and none given.
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EthanSem
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Report this Post05-05-2004 12:13 AM Click Here to See the Profile for EthanSemSend a Private Message to EthanSemDirect Link to This Post
Understood. That's the beauty of a discussion instead of an argument.
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Report this Post05-05-2004 01:58 AM Click Here to See the Profile for JohnnyKSend a Private Message to JohnnyKDirect Link to This Post
 
quote
Originally posted by Wichita:

Not anymore. It is 12 hours bottle to throttle now, and most airline pilots never even take the risk of going out to drink on the day before they fly out. One of my best friends is an airline pilot for Airtran and the only time he will even sip a beer is when he has several days off ahead of him.

Nope.. I'm in school to become a commercial pilot. It's still 8 hours bottle to throttle..

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Report this Post05-05-2004 03:05 AM Click Here to See the Profile for 84BillClick Here to visit 84Bill's HomePageSend a Private Message to 84BillDirect Link to This Post
 
quote
Originally posted by JohnnyK:


Nope.. I'm in school to become a commercial pilot. It's still 8 hours bottle to throttle..

I'll dig out the US FAR book later and look it up. It may be 12 for particular airlines... you know... company policy and all that BS.

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Report this Post05-05-2004 11:21 AM Click Here to See the Profile for 84BillClick Here to visit 84Bill's HomePageSend a Private Message to 84BillDirect Link to This Post

84Bill

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Yep Johnny is right it's 8 hrs bottle to throttle.
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Report this Post05-05-2004 01:58 PM Click Here to See the Profile for BoondawgSend a Private Message to BoondawgDirect Link to This Post
A great man said something like:

"If you give up Freedom for Security, you deserve neither"

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Report this Post07-13-2004 10:50 PM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post
The fight is on !

I prefer a fair fight. It is one of the largest money making companies in America. They have a whole floor of lawyers in a twenty story high rise in Houston. They hired an outside gun, from Colorado.

Against me.

Will someone help them out?

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Report this Post07-14-2004 12:42 AM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post
 
quote
Originally posted by EthanSem:

Great, the usual back and forth crap of people who while entitled to their opinions are clearly missing the facts. I don't presume to be an expert on the subject but this is how I see it.

1. You sign a contract with your employer that states that they can randomly test you for drugs. If this is a clear concise policy and you fail the test you have no legal foot to stand on. It WILL hold up in court and you WILL look like an idiot for trying to sue for wrongfull termination.

2. Drugs are illegal. DEAL WITH IT!!!!!!!

3. When you feel high those are your brain cells dying. I've never seen a gain from a loss. HAVE YOU!!????

4. In relation to that long term use will impair your mental faculties. If you refuse to look at scientific studies because you feel they are biased look at Ozzy as mentioned in the previous post. His mind is toast. If it wasn't for his wife he'd be in an institution.

5. An invasion of privacy? You signed up for it!!! It's company policy and again it WILL stand up in a court of law.

Quit pissing and moaning about the whole thing. Spend more time in your hobby. You'll be thankful and so will your mind and body. And for the love of God!!! quit making analogies to those who are overwieght. I know plently of large people who work their ass off including myself.

That's it. I'm done with this.


Wow !!!
Missed your reply.
"... the usual back and forth crap of people who, while entitled to their opinion are clearly missing the facts."

Did you not notice this thread was titled "Falsely Failed Job Drug Test" ?

1. "...you fail the test..." (EVER HEARD OF A FALSE POSITIVE).
.... A clear concise policy....."(EVER HEARD OF DUE PROCESS)

Unfortunately, I will never be abled to prove my innocence, denial of due process. I failed a job drug test. It will not hold up in court and the Wright brothers looked like idiots trying to fly.

2. "Drugs are illegal, deal with it" So was abortion, alcohol during prohibition, womens rights, and slavery was legal. Does deal with it mean accept it ???

blah blah blah blah blah

I am sorry. I take offense to your post ! I do not piss and moan. I have been spending my time with my hobbies. I have not even looked for work in two and a half months and have only been accused of working my a$$ off.

Another false positivre !

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Report this Post07-14-2004 10:40 AM Click Here to See the Profile for acemanSend a Private Message to acemanDirect Link to This Post
I'm with fierogirls-mom. I'm getting way too many mixed comments from your posts and leaning towards the "That drug I took xxx days ago shouldn't have shown up in my system." excuse.

If it was the Gas Chromatography/Mass Spectrometry (GC/MS) test you are 99.6-100% screwed. Unless the company has some poor screening policies, the test(s) are 100% accurate. Most drug testings consist of an initial test. If you come up hot, they test it again with the same test or a more accurate test. The likelihood of a false positive is about 1 in 250. The likelihood of two false positives are about 1 in 10,000.

I oversee a substance abuse program in the Army. The tests are accurate and reliable. If that was your urine in the specimen bottle and they can prove that no chain of custody was broken and the specimen wasn't tampered with, the results are correct. (I haven't seen where you have privately gone for a hair sample test or even another urine test, privately.) Your story is all to common in the ten years I've administered over a drug testing program.

-Most false positives can show up from prescription drugs. (Except for pot)

-You'd have to eat poppy seed muffins 2-3 every day for over 3 years straight to build up enough chemicals in your system to show up "hot" under most drug testing (Most drug testing has a "threshold" for levels of a substance detected in your system. If I smoke a joint today and submit a sample next week in the Army, I will probably not fail a drug test because there is no build up in my system.)

-Pot cannot show up in your system by being at a rock concert or in an enclosed 8X8 room for 3 days will others are smoking the weed

-Most chemicals used to get rid of the drugs in your urine have about as much success as diet pills for a 250lbs woman.


Plain and simple, unless your company has a crappy drug screening process or the specimen can be proven that it was not yours, your guilty of the company policies or you're one person in 10,000 that was falsely accused.

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cliffw
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Report this Post07-14-2004 12:09 PM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post
 
quote
Originally posted by lurker:
the last half-dozen posts are amusing. but i'm still waiting for cliffw to answer fierogirls-mom's question.

Apologies to all. While this was being discussed I was having to vacate company property and move four trailers ( utility, boat, travel trailer, and ramp trailer ), two Fieros, 70 Chevy p/u, and quite a few belongings 250+ miles back home to Bandera.

No drugs in my system. Absolutely a false positive. I have enjoyed smoking pot but would not due to the chance of random drug screening. Urinalisis came up positive for cocaine. Impossible. It was not in my system.

Testing lab's doctor asked me if I had been to a physician who put cocaine on my body. Since it was not in my urine I can only assume it was on the cup. Especially since I was asked to wash my hands and the water system was down.

This all happened two & a half months ago. I filed for unemployment due to no company policy being given as to why I was being fired. I only claimed a two week period of benifits but the company doesn't know this and filed an appeal.

One hour and fifteen minutes testimony from just one of their "witnesses" and we ran out of time allocated. Was resheduled. I have not been allowed to offer any evidence yet. Based on what was said so far, my opinion is they better get some bigger guns.

For one, they said I was offered a chance to retest. In reality I asked to retest but it had been five days so I believe they thought I would have "cleaned up".

When your right you know it. I'll let you know it when it ends. What is wrong is I think i see I will only be able to win on technicalities which won't answer whether I did or I didn't. I could do a hair test at my expense but I am unemployed and also do not feel as if I should have to prove my innocence. I will take a technical win. If I lose I will hair test.

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Report this Post07-14-2004 12:40 PM Click Here to See the Profile for acemanSend a Private Message to acemanDirect Link to This Post
 
quote
Originally posted by cliffw:

Testing lab's doctor asked me if I had been to a physician who put cocaine on my body. Since it was not in my urine I can only assume it was on the cup. Especially since I was asked to wash my hands and the water system was down.

For one, they said I was offered a chance to retest. In reality I asked to retest but it had been five days so I believe they thought I would have "cleaned up".

When your right you know it. I'll let you know it when it ends. What is wrong is I think i see I will only be able to win on technicalities which won't answer whether I did or I didn't. I could do a hair test at my expense but I am unemployed and also do not feel as if I should have to prove my innocence. I will take a technical win. If I lose I will hair test.


You're right in your little fantasy world!

a) Even if you had seen a doc that had cocaine smothered all over him and put some on your body, what are trying to say? Are you saying there was this fine powdery substance in my finger. Since there was no running water I tried to rub the residue off on the inside of the cup where my pee made contact with it. Then to further wash off the powder I swirled my finger in my pee. C'mon now! This rates up with the McDonalds manager that said she came up hot for pot because here workers she supervised were smoking pot in her office while on duty and she must have inhaled the second hand smoke.

b) A small amount of cocaine on your finger, EVEN if you touched the inside of the cup would not taint the results. The tests check for the residual chemicals the drug left in your body from using the drug. NOT the drug!

c) 5 days after an initial whizzing of "hot" will still show trace amounts of the chemical in the test and they're going to test to a lower threshold on a "second chance" test.

You're body isn't full of traces of the chemical reaction of cocaine in your body, it's full of BULLSH!!!!!T

Once again, the only way you had a false positive is if it wasn't your urine. Thus if it wasn't your urine it isn't a false positive.

p.s. I have yet to see a company allow an employee to talk directly to a lab tester. The lab tester has only a duty to the employer and not to the employyes being tested. It would be a big breach of their employment to talk directly to the tested individual!

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Report this Post07-14-2004 01:57 PM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post
 
quote
Originally posted by aceman:
You're right in your little fantasy world! You're body isn't full of traces of the chemical reaction of cocaine in your body, it's full of BULLSH!!!!!T

Once again, the only way you had a false positive is if it wasn't your urine. Thus if it wasn't your urine it isn't a false positive.

p.s. I have yet to see a company allow an employee to talk directly to a lab tester. The lab tester has only a duty to the employer and not to the employyes being tested. It would be a big breach of their employment to talk directly to the tested individual!

I had been thinking. Surely everyone wanted to know why I wouldn't pay for a hair test since I would be sure to be vindicated, recover costs, and on and on.

Let me first answer aceman.

I am no expert. I called it a false positive because I know my urine could not contain even a trace of a trace of cocaine. I must be so full of bullshit that I do not know if I am guilty or not. If you want to pay for transcripts, I will provide them stating by the company that I did talk to the physician/lab tester. Want to pay a little more and when they are available, you will see the question I stated was actually asked.

You will be of no help to them but if you care to try, PM me. I will provide you with co. name, address, phone #, and a contact.

Your reply is appreciated. Honestly ! You might come out of your fishbowl more often. I do not say this as an insult. Ever seen the movie " Angels in the Outfield" ? It can happen.

In the three years I worked in Houston it was great ! Made more money than ever. Easier work and schedules. I was even on the Corporate ladder, almost to the bottom rung. But it was not home. A very beautiful relationship with gal friend was straining due to the longdistance. I had not had one raise in three years, lost my per-deim, and my paid lunch hour. I was in fact fixing to quit. They did me a favor by however means. I have enjoyed my time off. Been working my ass off for ME. It doesn't get any better. Have not had a paycheck or unemployment in almost three months and don't care. Even if I do not get the back pay MY fantasy world says I am going to get.

Frankly, I have been to busy enjoying life to want to be back there at work right now. I have two years to file a suit for wrongful discharge.

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Report this Post07-14-2004 02:06 PM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post

cliffw

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[QUOTE]Originally posted by aceman:
b) A small amount of cocaine on your finger, EVEN if you touched the inside of the cup would not taint the results. The tests check for the residual chemicals the drug left in your body from using the drug. NOT the drug!

Thanks for the help !

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Report this Post07-14-2004 03:22 PM Click Here to See the Profile for acemanSend a Private Message to acemanDirect Link to This Post
 
quote
Originally posted by cliffw:


I had been thinking. Surely everyone wanted to know why I wouldn't pay for a hair test since I would be sure to be vindicated, recover costs, and on and on.

Let me first answer aceman.


Your reply is appreciated. Honestly ! You might come out of your fishbowl more often. I do not say this as an insult. Ever seen the movie " Angels in the Outfield" ? It can happen.


Yes, I've seen Angels in the Outfield. That was produced by Disney, right? The same company that brought us Peter Pan, Snow White, Sleeping Beauty and all those Mickey Mouse cartoons. It was a fiticious, feel good story.

I need to come out of MY fishbowl??????

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Report this Post07-14-2004 04:03 PM Click Here to See the Profile for 84BillClick Here to visit 84Bill's HomePageSend a Private Message to 84BillDirect Link to This Post
 
quote
Originally posted by cliffw:

I wish you the best with this cliffw.
I'm on your side 100% and if there is ANYTHING I can do (write letters, grab a bullhorn, etc.) to help just let me know.

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Report this Post07-14-2004 04:21 PM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post
 
quote
Originally posted by 84Bill:
I wish you the best with this cliffw.
I'm on your side 100% and if there is ANYTHING I can do (write letters, grab a bullhorn, etc.) to help just let me know.

Thanks Bill, I appreciate it.
Can I borrow your Fiero ?

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Report this Post07-14-2004 06:50 PM Click Here to See the Profile for WichitaSend a Private Message to WichitaDirect Link to This Post
 
quote
Originally posted by 84Bill:


I'll dig out the US FAR book later and look it up. It may be 12 for particular airlines... you know... company policy and all that BS.

Yeah! My friend told me it was a company policy for 12 hour rule. Some companies have a 24 hour rule.

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84Bill
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quote
Originally posted by cliffw:

Can I borrow your Fiero ?

Whats wrong with yours?

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