• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Drug-tested employees may have second chance to sue

by on
in Hiring,Human Resources

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)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/10030/drug-tested-employees-may-have-second-chance-to-sue "

Leave a Comment