A frequent issue for employees in today’s workplaces is drug testing. All too often the drug testing laboratory makes a mistake. The lab mistakenly finds Joe Worker tested positive for cocaine. But, it is a false positive. What does Joe do? The Texas Supreme Court re-affirmed what it said in prior cases: Joe can do
Truck drivers and many others are tested for drug use routinely. The practice of conducting drug testing has become pervasive across a wide swath of industries. But, what happens when a drug testing company gets it wrong? What happens when the laboratory makes a mistake? Having received many of these phone calls, I can tell
In Union Pacific RR Co. v. American Railway & Airway Supervisors Assoc., No. 18-50110 (5th Cir. 12/16/2020), the Fifth Circuit reversed a grant of summary judgment in favor of the employer. A railroad employee, Roland Beltran, twice tested positive on a drug test. Aided by the union, he appealed to arbitration. He presented evidence
Many employers require drug tests for their employees. What happens when the drug testing laboratory commits an error regarding the test? Failing a drug test can result in termination. That is what happened in Exxon Mobil Corp. v. Rincones, 520 S.W.3d 572 (Tex. 2017). The employer had a random drug testing program. Exxon Mobil
A reader calls me about a friend. He called me in response to my entry about drug testing and zero tolerance policies. My entry actually was based in part on another blog entry by Mike Maslanka, a noted employer side attorney. Mike’s point and mine was that an employer should be prepared to allow exceptions
Many employers have zero tolerance for drug testing. I served in the Army Reserve and Army National Guard for 25 years. The US Army had a so-called zero tolerance policy for NCO’s and officers. Any Non-Commissioned officer or commissioned officer caught doing drugs in a drug test would be automatically discharged. If the offender was
Employers do the craziest things. One employer in Tennessee, according to this report, tested employees for using *lawful* prescription drugs. Yes, the employer was testing for prescription drugs. They apparently rook action against employees who refused to stop taking some prescription drugs. The EEOC filed suit, saying these tests amounted to unlawful medical inquiries.
Many employers require drug tests as a requirement for employment. But, few employers conduct the test themselves. Most employers contract out the actual drawing of the specimen and testing. Some laboratory will perform the test. Some employers will fire an employee for testing positive for a drug test. What happens if the lab makes