Iowa Workers' Compensation

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 a...

The Iowa Supreme Court declined to create a public policy exception to the general rule of at will employment in Berry v. Liberty Holdings , No. 10-0094 (Iowa Sept. 9, 2011).  Berry involved an employee who was injured when a concrete pumper truck struck and injured him while he was on his way home from work.  Plaintiff worked for Liberty Holdings and the truck which struck him was owned by Premier.  Berry filed suit against Premier and settled the case within the policy limits.  Nine months after the settlement, he was fired by Liberty. Plaintiff alleged that in filing his claim against Premier, he was engaged in a protected activity, and he brought a wrongful termination suit against Liberty.  Liberty filed a motion to dismiss, indicating there was no clearly defined public policy right that was violated by the termination.  The district court granted the motion to dismiss, but this action was reversed by the court of appeals, and the claim was remanded...