Can YOU Afford a $583,413 Drug Testing Policy Disaster?
The Center for Drug Testing Information (CDTI) Drug Testing Policy Project reports:
By neglecting a few key words in its drug testing policy, ConocoPhillips was found in “willful” violation of Oklahoma’s Workplace Drug and Alchol Test Act.
A jury awarded the employee $583,413. An additional negotiated amount for attorney’s fees significantly increased the award.
Here are a few other drug testing policy “train-wrecks” that could have been avoided.
1. Minnesota: 2008. INGDirect faced punitive damages for not accurately enforcing state law; case was settled out of court. (Wehlage v. ING BANK FSB, d/b/a/ING DIRECT, Case NO. 07-CV-1852 (PJS/RLE).
2. Missouri: 2006. Wal-Mart looses unemployment case because the company policy did not accurately reflect state law. (Gaylord v. Wal-Mart Associates, Inc., and Division of Employment Security, WD 65939).
3. Connecticut: 1996. Employer failed to consider state law (workersxzcompxzkit) requirements when enforcing its policy. (Doyon v. Home Depot U. S. A., Inc. 850 F. Supp.125).
For Help: Contact Bill Judge one of the nation’s more experienced drug testing lawyers. Bill has assisted employers in developing hundreds of policies in virtually every state, including some of the largest employers in the country.
Author: Bill Judge
Bill Judge is an attorney who, for the past 24 years, has concentrated his practice on research, consultation, and management training related to the legal issues of substance abuse in the workplace and in our nation’s schools. Attorney Judge, JD, LLM can be reached at: 708-3341-80100.
Click on these links to try it for yourself.
WC Calculator www.ReduceYourWorkersComp.com/calculator.php
TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101 www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
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