Gold Weems employment law litigators, Leisa B. Lawson, Steven M. Oxenhandler and Michael J. O'Shee, representing the City of Alexandria, successfully defended in the U.S. Fifth Circuit Court of Appeals their trial court win in an important federal drug testing case. The Fifth Circuit issued its written opinion on September 18, 2014, holding that missing a scheduled, random drug test is the same as refusing to take the drug test, thereby warranting an adverse employment action against the City employee. Here, even though the City employee overslept and missed the scheduled, random drug test and then passed the same drug test the following day, the Fifth Circuit affirmed the City's ability to suspend the employee from safety sensitive job duties until the employee attended a mandatory drug education program.
Oxenhandler is a senior member and firm shareholder working in the Firm's employment law group, Lawson is an associate in the employment law group, and O'Shee is a firm shareholder and heads the firm's appellate section.
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