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Hiring & Firing › Alcohol 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 -
Mitratech Holdings, Inc

[Webinar] Managing Your Drug and Alcohol Program: Putting Policies & Practices Into Place - August 22nd, 2:00 pm ET

Mitratech Holdings, Inc on

Over the last few years, the drug testing landscape in the workplace has changed drastically. With the legalization of marijuana in some states and the decriminalization of drugs in others, it can be challenging to build a...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.

Drug And Alcohol Testing Policy Check-Up – Are You Ready For 2020?

Jackson Lewis P.C. on

2020 is on the horizon, and employers must be ready to comply with many new developments in the world of workplace drug and alcohol testing. Here is a summary of significant laws that will take effect in 2020 (and some that...more

Jackson Lewis P.C.

Pennsylvania Public Policy Did Not Bar Termination Of Nuclear Power Plant Employee Who Tested Positive For Alcohol

Jackson Lewis P.C. on

A federal district court in Pennsylvania held that public policy did not bar termination of a nuclear power plant employee who tested positive for alcohol. Bennett v. Talen Energy Corp. et al., No. 3:19cv521 (M.D. Pa. Oct....more

Constangy, Brooks, Smith & Prophete, LLP

Drug Testing Quiz!

Constangy, Brooks, Smith & Prophete, LLP on

What better way to start the Labor Day weekend than with a drug test? Er, I meant a quiz about drug testing. Assume that the following are all situations in which drug testing is not legally mandated by some federal law,...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

Jackson Lewis P.C.

West Virginia Enacts Law Permitting Broad Employment-Related Drug And Alcohol Testing

Jackson Lewis P.C. on

Workplace drug and alcohol testing in West Virginia traditionally has been scrutinized by the courts and has been available to employers in limited circumstances. That will change dramatically this summer when the state’s...more

Littler

Eighth Circuit Rules Minnesota's Drug and Alcohol Testing in the Workplace Act Has Multi-State Reach

Littler on

The U.S. Court of Appeals for the Eighth Circuit recently expanded the reach of the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA” or “the Act”) by ruling that the Act can apply to the employees of...more

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

Alcoholism and the ADA: The DOs and DON’Ts of Alcohol Testing in the Workplace

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

The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental...more

McNees Wallace & Nurick LLC

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

McNees Wallace & Nurick LLC on

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

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