Don't hold your breath: Two-year gap too large for retaliatory discharge claim

The Tennessee Court of Appeals recently ruled that a two-year gap between a workers' compensation claim and a termination couldn't support a retaliatory discharge claim.

Facts

Scott Foltz worked as a crane operator for Barnhart Crane and Rigging Company. In March 2013, he spent three months in the hospital being treated for respiratory issues. He requested workers' comp benefits but was denied because his ailment wasn't work-related. He returned to work but initiated a claim seeking workers' comp, which dragged on for the next couple of years.

Foltz's position was subject to drug testing, and he had passed many drug tests over the years. But on March 11, 2015, he failed a random drug screening, testing positive for methamphetamine. He denied using illegal drugs but disclosed the use of prescription drugs.

Foltz demanded retesting of a split sample of the urine he had provided, and the company agreed. It also agreed to work with him to determine if the positive test could have been caused by any prescribed medications. He took another drug test on March 23, which was negative. The retesting of the split sample from his original test, however, confirmed the positive result.

The company's drug testing policy stated a positive test could lead to immediate termination or immediate suspension without pay while the employee attends a rehabilitation program. Nevertheless, pending the company's decision on how to handle the situation, Foltz was allowed to continue working, although he was restricted from performing safety-sensitive duties.