A crane operator for a refinery in Oklahoma claims a positive random drug test for methamphetamines was the result of over-the-counter sinus medication, but the Tenth Circuit Court of Appeals has ruled otherwise, affirming summary judgment in favor of the employer. Even though a letter was provided by the doctor, confirming the use of Sudafed, the court agreed that the plaintiff failed to prove that the employer’s stated reason for the discharge was a pretext for discrimination.

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Post By Ken Shafton (2,372 Posts)