Heroin, service provider's liability, union issues, disparate treatment, random drug testing, policy and procedure.
Anthony Harris, a former employee of Willamette Industries, petitions the federal court to return his case to a state court. Willamette terminated Harris' employment after he tested positive for heroin in a random drug test. Following a standard drug test, Harris, a union worker, told his supervisor his sample might test positive for marijuana. With the assistance of his union, Harris arranged with the company to receive medical treatment for substance abuse. For his part, Harris agreed to comply with a random drug testing plan. A few weeks later, Harris tested positive for heroin and was terminated. Harris subsequently filed suit against Willamette, claiming the company erred in terminating his employment. Harris later amended this complaint to include the laboratory that handled his specimen. Lawyers for Willamette motioned the state court to remove the case to a federal court, because of the collective bargaining issues raised in Harris' complaint. The state court approved the motion and allowed the case to be removed to a federal court. Harris's responded with motion to remand the case to the state court.
Decision of lower jurisdiction:
This is the first judicial review of the case.
Harris loses. The U. S. District Court for the Northern District of Texas, Dallas Division, denied Harris's motion to remand the case to the state court. The court ruled Harris' complaint involved federal laws and should be heard in federal court.