ERBE LAW FIRM WINS EMPLOYEE DRUG TESTING CASE

Published November 19, 2013 16:48

A Plymouth County judge has ruled that an Erbe Law Firm client was illegally fired in violation of Iowa's employee drug and alcohol testing statute. The employee was selected for a random urine drug test but was unable to provide a sufficient sample. The employer asserted that the inability to provide a sufficient sample was the same as an outright testing refusal and fired the employee. Erbe Law Firm was able to convince the court that there was no testing refusal and the employee's firing was illegal. Erbe Law Firm's client will now be eligible to recover lost wages and benefits because of the illegal firing. This is believed to be the first time that an Iowa court considered an "implied testing refusal" under Iowa's drug and alcohol testing statute.

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