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MERRIOTT v. SHEARER LUMBER PRODUCTS

No. 21002.

903 P.2d 1317 (1995)

127 Idaho 620

Steven R. MERRIOTT, SSN XXXX-XX-0385, Claimant-Respondent, v. SHEARER LUMBER PRODUCTS, Employer-Appellant, and State of Idaho, Department of Employment, Defendant-Respondent.

Supreme Court of Idaho, Coeur d'Alene, April 1995 Term.

September 27, 1995.

Attorney(s) appearing for the Case

Randall, Blake & Cox, Lewiston, for appellant. Jay P. Gaskill argued.

Alan G. Lance, Attorney General; Jane M. Newby, Deputy Attorney General (argued), Boise, for respondent Department of Employment.

McDEVITT, Chief Justice.

I.

BACKGROUND AND FACTS

Steven R. Merriott (Merriott) was employed by Shearer Lumber Products (Shearer) as a part-time employee from May 22, 1992 to February 16, 1993. On January 1, 1993, Shearer began requiring all part-time employees to submit to drug tests. Prior to that time, Shearer tested part-time employees only when an employee appeared impaired or was hired as a full-time employee.

Merriott was required...

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