Drug testing retaliatory discharge claim fails on issues of causation

Lawyers' Forum

By Michael R. Lied

Michael R. Lied of Howard & Howard focuses his practice on employment and labor law and related litigation and immigration law. He has been published extensively and is a regular lecturer on various legal topics.

Posted September 29, 2014 2:55 PM

Continental Tire Americas LLC (CTA) builds tires in downstate Mount Vernon. The Mount Vernon plant has a health-services department that provides medical treatment to sick or injured employees. In April 2010, Jeff Phillips visited the department to report that his fingers went numb at work and to start a workers’ compensation claim. CTA required drug-testing in certain situations: 1) Pre-employment testing; 2) random testing for the initial 12 months of employment; 3) for-cause testing; 4) OSHA recordable …

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