Drug policy, random drug test, termination, wrongful discharge, invasion of privacy

Appellant Evelene N. Stein, terminated from the Holiday Inn Crowne Plaza after testing positive for drug use, fights a court decision dismissing her complaint against the Davidson Hotel Company, claiming wrongful discharge and tortious invasion of privacy.

The First Circuit Court of Davidson County at Nashville dismissed five of the seven counts listed in Ms. Stein's complaint against the Davidson Hotel Company, which owned the Crowne Plaza, for failure to state a claim upon which relief could be granted. The counts dismissed included: wrongful discharge in violation of public policy as expressed in the federal and state constitutions; tortious invasion of privacy; breach of an implied employment contract; negligence on the part of Davidson; negligent infliction of emotional distress and outrageous conduct.

Stein loses. The Court of Appeals of Tennessee, Middle Section at Nashville, affirmed the lower court's decision and remands the case to the circuit court for further proceedings.