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Man Sues Former Employer over False Positive Drug Test Result and Drug Testing Procedure

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A West Virginia man is suing his former employer for the method by which he was randomly drug tested and for what he claims was a false postive drug test result. James Cottle cooperated in a mandatory drug test prior to his employment with S.W. Jack Drilling Company and was asked to participate in another, random drug test at a job site, that was possibly in breach of their own drug test policies. Additionally, the West Virginia man was never given the result of further testing after an initial positive reading for opiates during the onsite drug test, which he disputes. He is suing for back pay and benefits lost after being fired on the basis of the onsite drug testing result.

Man sues former employer over drug test

West Virginia Record - 3/1/2006 11:42 AM

"The defendant did not conduct its drug test in accordance with its own procedures as set forth in its Drug, Alcohol, and Abuse Policy," the claim states. "The Plaintiff seeks judgment for a sum of money equal to back pay and benefits owing to plaintiff since his termination from employment; compensatory damages; and reinstatement and front pay."
 
Cottle was hired July 19, 2005, to work as a derrick hand on the construction of gas wells for S.W. Jack Drilling, a Pennsylvania company with offices in Kanawha and Upshur counties. Before he could be hired, Cottle said he underwent a drug test that he passed, and that the company mailed him "The Jack Company Safety Manual," which contained a "Drug, Alcohol, and Abuse Policy" that all employees
 
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