What business justifications are likely to be most persuasive to a court reviewing the legality of employee drug testing?

1. In most drug-testing cases, courts have balanced the employee’s privacy interests against the employer’s need for information. What business justifications are likely to be most persuasive to a court reviewing the legality of employee drug testing? 2. In 2009, Mitchell was employed at-will as an anesthesia technician at the University of Kentucky (UK) Chandler Medical Center, while also attending the university as a graduate student. He had a valid license to carry a concealed deadly weapon under Kentucky law. On April 22, 2009, several of Mitchell’s coworkers were under the impression that he had a firearm in his employee locker, and they reported this to hospital administration. Hospital administrators contacted the UK police department. When questioned, Mitchell denied having a firearm in his locker. Police and hospital administrators searched Mitchell’s locker with his permission but found no weapons. Mitchell informed the police officers that he had a concealed carry license and admitted that he kept a firearm in his vehicle, which was parked on campus. Campus police escorted Mitchell to his car, where he showed them the semiautomatic pistol he had stored in his vehicle. On April 29, 2009, the university terminated Mitchell’s employment for violation of its policy prohibiting possession of a deadly weapon on university property or while conducting university business. Mitchell filed suit, alleging termination in violation of public policy. Decide. Explain. See Mitchell v. University of Kentucky, 366 S.W.3d 895 (Ky. 2012).


 

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