Ross Runkel

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No liability for a false drug test

A drug test.
A false positive.
The employee loses his job.
Is the drug-test lab liable to the employee?
In Texas, the answer is NO, because "the third-party testing entities hired by an employer do not owe a common-law negligence duty to their clients’ employees."

Houston Area Safety Council v. Mendez (Texas 06/23/2023) (6-3).
Opinion of the Court
Concurring Opinion
Dissenting Opinion