A Texas pipefitter who lost his job after an allegedly false positive test for cocaine can’t sue the company that collected his samples or the lab that did the testing, the state’s top court said in a divided ruling.
The 6-3 decision by the Texas Supreme Court addressed a matter of first impression for the state. Texas common law doesn’t impose a duty of reasonable care on a third-party entity hired by an employer to perform alcohol and drug testing of its workers, the majority said.
The decision broke ranks with the five other state supreme courts that have ruled ...
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