Drug test, policy and procedure, negligence, privacy.

Officials at Exxon Coal USA, Inc., appeal a lower court's ruling concerning a former employee's suit against the company. Exxon terminated Tobey Anderson for positing a positive result in a company-mandated drug test. Anderson filed a diversity suit, alleging six causes of action. Anderson's complaint included charges of negligence, invasion of privacy, and breech of an implied contract. Exxon responded with motions for summary judgment on each of Anderson's complaints. The company's primary argument asserted that a company-published employee handbook did not constitute an implied contract between Exxon and Anderson, as the former employee argued.

A U.S. District Court granted several of Exxon's motions for summary judgment. However, the court rejected Exxon's motion concerning Anderson's allegation of a violation of an implied contract. The court allowed the complaint to be heard by a jury. The jury found for Anderson and awarded her $416,000 in damages. Exxon now appeals.

Exxon wins. The U.S. Court of Appeals for the Tenth Circuit reversed the decision of the lower jurisdiction. The court noted that the question was properly submitted to a jury, but ruled that Exxon officials did not breach a contract with Anderson when they fired her for testing positive for drugs.