Supreme Court Concludes There is no Common Law Wrongful Discharge Action Under Iowa's Drug Testing Statute
Iowa's drug testing statute, section 730.5, provides a statutory remedy for wrongful discharge. In Ferguson v. Exide Technologies , No. 18-1600 (Iowa Dec. 13, 2019), the Supreme Court concluded that an action for common law tort was not available and that the statutory remedy precluded common law recovery. The court also found that attorney's fees were available under section 730.5. Plaintiff suffered injuries to her elbows as a result of her work with Exide. When she reported the injury, she was informed that she had to submit to a drug and alcohol test under the employer's policy. She refused to take the test and was fired for her refusal. Plaintiff sued under 730.5 and also asserted a wrongful discharge tort. The employer admitted to the statutory violation and a jury trial on damages, which was only allowed in the common law action, resulted in an award to plaintiff for lost wages and benefits and for emotional distress. Plaintiff was also awarded attorney&#