Random testing, safety, marijuana, search and seizure.

James Hennessey, a supervisor with the Coastal Eagle Point Oil Company, tested positive for marijuana and diazepam in a random drug test conducted by the company. Coastal Eagle dismissed Hennessey, who then filed a six-count suit charging his employer with wrongful discharge in violation of public policy. Hennessey, an at-will employee in a safety-sensitive position, charged common-law invasion of privacy, violation of search and seizure safeguards, and violation of New Jersey's law against discrimination, breach of contract, and infliction of emotional distress.

The Law Division of the Superior Court in Gloucester County entered a judgment in Hennessey's favor on count one of the complaint alleging wrongful discharge. The court dismissed the remaining counts of his complaint. Coastal Eagle now appeals.

Hennessey loses. The Superior Court, Appellate Division, reversed the lower court on the grounds that private action does not violate constitutional prohibition against unreasonable searches.