News & Analysis as of

Alcohol Testing Termination

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.

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

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

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

McNees Wallace & Nurick LLC

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

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

Proskauer Rose LLP

Okay to Terminate Employee for Violating No-Alcohol Provision of Return to Work Agreement, Says Third Circuit

Proskauer Rose LLP on

In Ostrowski v. Con-way Freight, Inc., No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013), the U.S. Court of Appeals for the Third Circuit affirmed that an employer may discharge a driver sales representative ("DSR") who...more

Pullman & Comley, LLC

Drink and Drive. Get Fired. Collect Unemployment Benefits? Yep, Says Court.

Pullman & Comley, LLC on

One day, your human resources manager comes to you. She tells you that an employee lost his commercial driver’s license because he was caught — off the job — driving drunk....more

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