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Texas Supreme Court Decision on Third Party Drug Testers

Texas Supreme Court Decision on Third Party Drug Testers
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Can an employee sue their employer after an unwelcome drug test result?

No duty of care for third-party testing entities, Texas Supreme Court opines

HOUSTON – On Friday, the Texas Supreme Court held that the third-party testing entities hired by an employer do not owe a common-law negligence duty to their clients’ employees.

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Texas Panel Says Drug Testing Co Owes Duty To Fired Worker

ADVERTISEMENT ADVERTISEMENT Texas Panel Says Drug Testing Co. Owes Duty To Fired Worker Law360 (April 29, 2021, 7:51 PM EDT) A Texas appellate court on Thursday revived a lawsuit brought by a pipe fitter who alleged he was wrongly fired after a false positive test result for cocaine, holding that the trade association that collected his biological sample and the laboratory that tested it owed him a duty of care in handling the sample. The First Court of Appeals in Houston determined that a trial court wrongly ended Guillermo M. Mendez s lawsuit against the Houston Area Safety Council Inc. and Psychemedics Inc. in April 2019 by holding there was no duty owed to Mendez. The panel noted that neither the First.

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