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From: Robert Swotinsky MD
Date: 17 Jan 2007
Time: 15:58:58 -0800
Remote Name: 71.192.169.78
I'm no expert in employment law. But, from what I've seen and read, my understanding if an employer doesn't have a good reason for firing someone, and the employee is intent on challenging his or her termination, the employee will fill the vacuum and identify the reason why he or she was fired. And, if there really is a reason (e.g., the unnverified, positive drug test), the ex-employee may find out about it and point out that the employer violated federal law by firing him or her based on the test. The employer could claim it's all a coincidence -- the employer just happened to decide to fire the guy/gal for no reason at all on the day the employer found out about the positive drug test that had not yet gone through MRO review. Whether this would stand up to challenge, I dunno.
A lot of positive results have perfectly innocent explanations, whether it's Adderall, poppy seeds, etc. DeWitt, why fire people for that?