His employer said he failed to show. He said he was sick abroad. What followed cost him everything
A federal appeals court has ruled that the FAA – not employers alone – must have a say on employee drug test refusals.
On February 27, 2026, the U.S. Court of Appeals for the District of Columbia Circuit handed down a ruling that cuts to the heart of how drug test refusal determinations work in federally regulated workplaces – and who, ultimately, gets to make them stick.
The case began on March 20, 2024, when Ryan Paul, a cargo pilot for Amerijet International, was off-duty and traveling in Vietnam on a personal trip. On April 2, his employer activated him for duty and selected him for a random drug test, requesting that he report for testing that same day – in Seattle. Paul, still in Vietnam, said it was impossible for him to comply. According to Paul, a severe sinus infection had prevented him from returning home as planned. Amerijet determined that Paul had refused a required drug test.
What happened next is where the story gets instructive for anyone in HR.
Two days after that determination, Amerijet notified the FAA of Paul's alleged refusal. Five days after that, Amerijet terminated his employment. According to Paul, Amerijet also reported his test-refusal status to a federal database that prospective aviation employers are legally required to consult before hiring any pilot. Federal rules also kicked in, barring Paul from performing any safety-sensitive duties for any...
Kenneth Scott Miller, 48, is charged with a felony count of making a false report to law enforcement. He was released from the Escambia County Jail on a $500 bond. According to an Escambia County ...