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In Martin, et al. v. Quick Chek Corporation, et al., the New Jersey Appellate Division affirmed a trial court decision and held that Quick Chek’s consistent application of its zero tolerance drug policy constituted a legitimate, non-discriminatory basis for its decision to terminate Erik W. Martin’s employment. The plaintiff, who suffers from Parkinson’s disease, filed suit alleging wrongful termination and disability discrimination when he was fired for failing a drug test. At the time of the drug test, Martin had been taking a non-prescription medication for a back injury he had sustained at work, unrelated to his disease. The court found that Quick Chek terminated Martin’s employment pursuant to an extremely strict drug test, and that Martin failed to demonstrate that Quick Chek’s stated reason for the termination (i.e. Martin’s failed drug test) was a pretext for discrimination. This decision demonstrates not only the importance of having employment policies, such as drug abuse policies, but also the importance of administering the policies in a consistent manner.

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