GARNER v. RENTENBACH CONSTRUCTORS INC.

No. 255PA98.

515 S.E.2d 438 (1999)

Zannie GARNER, Plaintiff, v. RENTENBACH CONSTRUCTORS INCORPORATED, Defendant and Third-Party Plaintiff, v. Allied Clinical Laboratories, Third-Party Defendant.

Supreme Court of North Carolina.

June 25, 1999.


Attorney(s) appearing for the Case

Mark Floyd Reynolds II, High Point, for plaintiff-appellee.

Carruthers & Roth, P.A., by Kenneth R. Keller, Greensboro, for defendant- and third-party plaintiff-appellant.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by Guy F. Driver, Jr., Barbara R. Lentz, Winston-Salem, and C. Matthew Keen, Raleigh, for third-party defendant-appellant.


FRYE, Justice.

The issue in this case is whether the termination of plaintiff's employment based on a positive reading of a drug test constitutes a wrongful discharge because the drug test was not performed consistently with a state statute. We conclude that, on the facts of this case, it does not.

Plaintiff, Zannie Garner, was hired by defendant, Rentenbach Constructors Inc., as a carpenter on 30 June 1993. The parties do not dispute that plaintiff was an...

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