SALTZ v. TENNESSEE DEPT. OF EMPLOYMENT SEC.

No. 92-8145 Summary Calendar.

976 F.2d 966 (1992)

Roger M. SALTZ, Plaintiff-Appellant, v. TENNESSEE DEPARTMENT OF EMPLOYMENT SECURITY, Texas Employment Commission, and Reece Albert, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 10, 1992.


Attorney(s) appearing for the Case

David Horton, South Padre Island, Tex., Enrique Valdivia, Tex. Rural Legal Aid, Kerrville, Tex., for plaintiff-appellant.

Stuart F. Wilson-Patton, Asst. Atty. Gen., Tenn. Atty. General's Office, Nashville, Tenn., for Tenn. Dept. of Employ.

Clyde A. Wilson, Jr., Gossett, Harrison, Reese & Wilson, San Angelo, Tex., for Reece Albert, Inc.

Ann F. MacMurray, Asst. Atty. Gen., Austin, Tex., for Tex. Employ. Comm.

Before HIGGINBOTHAM, SMITH, and DeMOSS Circuit Judges.


DeMOSS, Circuit Judge:

Background

On March 3, 1988, after approximately five weeks of employment, Saltz was fired by Reece Albert, Inc. ("employer") for refusing to submit to a urinalysis test. Saltz contends that the test was unannounced and was not disclosed to him at the time of his employment. The employer contends that the obligation of all employees to participate in random drug testing program was disclosed to and accepted by Saltz at the time...

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