Employers almost always contract out workplace drug testing and then rely on the results the contractor provides. If the employer then fires an employee who tests positive, chances are a court won’t second-guess the decision, since the employer relied on the test.
That doesn’t mean the testing company can’t be sued. Here’s why: Testing companies can be held liable for the damage suffered by an employee who is fired if they don’t conduct the drug test appropriately.
Recent case: Doug Miller lost his job after testing positive for marijuana. He claimed he hadn’t smoked the stuff for years and sued the drug testing company for negligence.
He showed the court that the company didn’t follow its own testing rules, and the court said the case could go to trial. (Miller v. Paris Community Hospital, No. 07-CV-2195, CD IL, 2009)
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