Pre-employment drug screening is common practice among many US employers, although the Dept. of Labor web site indicates that some states prohibit it. Illinois employers are free to screen for illicit drug use, but they are prohibited from requiring an employee or applicant for paying the cost of such a test.
But what happens when a job applicant tests positive for drugs and insists they never touched the drug in question?
Cicero employee John Cutler, who claims he falsely tested positive for cocaine, hired a Chicago employment lawyer and challenged his termination. A federal judge in the US District Court for the Northern District of Illinois partially sides with Mr. Cutler in the employer's motion to dismiss.The federal lawsuit (Cutler v. Quality Terminal Services) alleges various state tort claims, including negligence, defamation and tortious interference with contractual relations, according to the appellate opinion (PDF).
Mr. Cutler had never tested positive for drugs until this drug test; which is under dispute. He was called about his allegedly positive test, which he denied was positive. He asked for a retake. Several additional tests came up negative, but Mr. Cicero was told by his employer that he failed the test and was no longer employed.
He agreed to participate in a substance abuse program in exchange for his job but refused to sign a document admitting that the test results were accurate, which led to his termination. Mr. Cicero then sued for the testing company's alleged negligence, among other claims.
The claims of tortious interference with contractual relations, liability for the alleged negligence of testing company Psychemedics and negligence by the employer were dismissed. Mr. Cutler's other claims may move ahead, although it's not clear whether or not a court victory will help him get his job back.
Related Resources:
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May an Employer Require Applicants or Employees to Undergo Drug-Screening Tests? (FindLaw ABA Family Legal Guide)
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Illinois Employment Lawyer Directory (FindLaw)
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