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Hiring & Firing › Termination › Drug Testing

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

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The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Bass, Berry & Sims PLC

A Cautionary Tale Regarding the “Reasonable Belief” Doctrine

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On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more

ArentFox Schiff

California Bans Employment Discrimination For Marijuana Use

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California has enacted legislation broadly protecting employees from discrimination for the use of marijuana, which has been legal in the state since 2016. Governor Newsom signed Assembly Bill 1288 into law. It generally...more

Manatt, Phelps & Phillips, LLP

Nevada Supreme Court Sides With Employer in Marijuana Dispute

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Demonstrating the challenges of differing state and federal laws with regard to marijuana, the Nevada Supreme Court dismissed a complaint filed by an employee terminated for a positive marijuana test....more

Dickinson Wright

Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It

Dickinson Wright on

There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen...more

Bradley Arant Boult Cummings LLP

But I Didn’t Inhale! Employee Drug Tests in a CBD World

Bradley Arant Boult Cummings LLP on

Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more

Jackson Lewis P.C.

Pennsylvania Medical Marijuana Act Did Not Protect Employee Who Was Terminated for Positive Marijuana Test Result

Jackson Lewis P.C. on

A federal court in Pennsylvania granted an employer’s motion for summary judgment dismissing a former employee’s Pennsylvania Medical Marijuana Act (PMMA) claim because he could not show that his termination was premised...more

Chartwell Law

Pennsylvania Employers Beware: Violations of the Medical Marijuana Act May Result in Private Civil Lawsuits

Chartwell Law on

In an important decision for both medical marijuana users and employers, the Pennsylvania Superior Court ruled in a case of first impression that the Pennsylvania Medical Marijuana Act (MMA) allows employees, who believe they...more

Jackson Lewis P.C.

Connecticut Medical Marijuana User Could Not Proceed With ADA Claims

Jackson Lewis P.C. on

The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury,...more

Seyfarth Shaw LLP

Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause

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Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have...more

Jackson Lewis P.C.

Rhode Island Employee May Proceed With Lawsuit Alleging That Termination For Failed Breath Test Violated State Law

Jackson Lewis P.C. on

A federal court in Rhode Island allowed a former employee to proceed with her lawsuit alleging that the employer violated state law when it terminated her employment after a positive breath alcohol test. Stafford v. CSL...more

Jackson Lewis P.C.

Rhode Island High Court Upholds ‘Reasonable Grounds’ Drug Testing, Dismissal Of Employee

Jackson Lewis P.C. on

An employer may terminate an employee for refusing to submit to a drug test based on reasonable suspicion under the state drug testing law, the Rhode Island Supreme Court has held. Colpitts v. W.B. Mason Co., Inc., No....more

Jackson Lewis P.C.

Employer’s Request To Count Employee’s Prescription Medication Sufficient To Support Invasion Of Privacy Claim

Jackson Lewis P.C. on

A federal court in Alabama held that an employer’s request to count an employee’s prescription medication – in connection with a drug test that the employee passed – supported the employee’s claim for invasion of privacy....more

Constangy, Brooks, Smith & Prophete, LLP

Drug Testing In The '20s: What Employers Should And Shouldn't Do

Constangy, Brooks, Smith & Prophete, LLP on

Welcome to the future. With the dramatic changes in acceptance of medical and even recreational marijuana, employers need to take a fresh look at the way they maintain drug-free workplaces. Here are some tips for surviving...more

Seyfarth Shaw LLP

Does it Violate Public Policy to Terminate a Drunk Employee? “Absolut”-ly Not

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania...more

Jackson Lewis P.C.

Federal Appeals Court Holds Test For Illegal Drugs Is Not An Impermissible Medical Examination, Even If Test May Reveal Lawful...

Jackson Lewis P.C. on

A federal appeals court upheld the termination of an employee who tested positive for amphetamines on a random drug test – despite his claim that the result was due to over-the-counter drug use – and rejected his arguments...more

Seyfarth Shaw LLP

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more

Constangy, Brooks, Smith & Prophete, LLP

Ten Ways Employers Get Themselves Sued (Part Two)

Constangy, Brooks, Smith & Prophete, LLP on

How can I sue thee? Let me count the ways. Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were- Discrimination (not only unlawful discrimination, but...more

Orrick - Employment Law and Litigation

“I’m Not Throwing Away My [P]ot”: Delaware Court Upholds Medical Marijuana User’s Claims Against Employer

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In Chance v. Kraft Heinz Foods Company, a Delaware state court recently held that a private cause of action exists under the state’s Medical Marijuana Act (DMMA) and confirmed that the federal Controlled Substances Act (CSA)...more

Jackson Lewis P.C.

Weingarten Rights Not Violated; Employee Lawfully Terminated For Refusal To Take Drug/Alcohol Test

Jackson Lewis P.C. on

An employee’s Weingarten rights have limits, especially as to drug and alcohol testing, where time is often of the essence, an NLRB Administrative Law Judge has held. Fred Meyer Stores, Inc., No. 19-CA-206136 (July 2, 2018)....more

Tucker Arensberg, P.C.

Reasonable Suspicion Justifies Drug Testing Of Teacher

Tucker Arensberg, P.C. on

Metz v. Bethlehem Area School District, 630 C.D. 2017 (Pa. Cmwlth. Jan. 4, 2018) (The Pennsylvania Commonwealth Court upheld the termination of a tenured middle school teacher, concluding that the school district had...more

Tucker Arensberg, P.C.

Court Affirms Reinstatement of A School Bus Driver Who Tested Positive For Drug Use

Tucker Arensberg, P.C. on

Upper Merion Area School District v. Teamsters Local #384, 165 A.3d 56 (Pa. Cmwlth. 2017). The Commonwealth Court holds that an arbitrator’s decision to reinstate a school bus driver to her position with back pay when the bus...more

Jackson Lewis P.C.

Employee’s Refusal To Take Drug Test Could Not Support Age And Gender Discrimination Claims

Jackson Lewis P.C. on

A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc.,...more

Saul Ewing LLP

Wal-Mart Manager Terminated for Alleged Drug Abuse Files ADA Disability Bias Claim

Saul Ewing LLP on

Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The...more

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