The Iowa Supreme Court ruled in Ferguson v. Exide Technologies, Inc., et al, Case No. 18-600 (Iowa Dec. 13, 2019) that a plaintiff who brings a claim for a violation of the Iowa drug testing statute cannot also bring a wrongful discharge claim based on the same conduct. In this case, the employee, a wet formation operator, filed a lawsuit following termination for refusing a drug test that was ordered after a workplace injury. The plaintiff alleged a violation of the Iowa drug testing statute and filed a claim for wrongful discharge in violation of public policy. The employer admitted violating the drug testing statute but denied liability. It was determined that employees cannot double dip – when a statute provides for civil remedies, those remedies are exclusive and an employer’s risk under the Iowa drug testing law will not include emotional distress or punitive damages.

 

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Post By Ken Shafton (2,204 Posts)