David W. Ricksecker
Thu, 02/23/2023
An employee of the Metropolitan Transit Authority (MTA) and the Long Island Rail Road sued his employer in federal court stating that he was wrongfully fired after an unlawful drug test found trace evidence of cannabis use. The employee alleges that the testing and subsequent firing was unconstitutional and violated the Fourth and Fourteenth amendment protections of due process rights and against illegal searches and seizures. While he did not explain his damages, the complaint states that he should be awarded $1 million in compensatory damages and $5 million in punitive damages.
According to the allegations in the complaint, the employee suffered a physical disability and took medical leave in July 2021 and sought to be reinstated under the terms of his union’s collective bargaining agreement in December 2021. The employer, however, mandated that he submit to a drug test before reinstatement, even though the employee’s position was not safety-sensitive and there was no reason for the employer to think he was impaired by any substances. The employee alleges that the test results were negative for all drugs except for the presence of “marijuana metabolites,” which he alleges do not establish proof of impairment when the test was administered. The test did not look for the presence of THC, and the metabolites can be detected in urine after a single use for up to seven days, according to the complaint. His termination was upheld by a three-person panel consisting of an employer representative, union representative and a neutral party.
If you have been terminated for cannabis use, know your rights and contact us at info@mselaborlaw.com.
