Did this company win the war but lose a battle? The Iowa Supreme Court has ruled that American Building Components (ABC) of Oskaloosa, Iowa, was well within its rights to fire employee Jerrie Sims after his urine tested positive for methamphetamine. However, the company has been ordered to pay the former employee’s legal fees.
ABC fired Sims on the day he tested positive when the company conducted a random drug screening.
A company manager told Sims later that day that he could pay for his own re-test. Sims said he couldn’t afford that, according to the Des Moines Register.
In his lawsuit, Sims claimed ABC hadn’t notified him in writing via certified mail that a retest was an option.
After the lawsuit was filed, the company sent a letter offering the re-test at its expense. Sims accepted, but tested positive again.
A trial judge ruled for the company, but said ABC had to pay Sims’ legal fees because it was slow to notify him of the available re-test, as required. The Iowa Supreme Court affirmed the ruling.
While many companies have realized the value of random drug testing, this case shows employers have to “dot every i and cross every t” if they have such a program.
Does your company have a drug testing program? Let us know about it in the Comments Box below.
