SIMS v. NCI HOLDING CORP.

No. 07-1468.

759 N.W.2d 333 (2009)

Jerrie Laverne SIMS, Appellant, v. NCI HOLDING CORPORATION, et al., Appellee.

Supreme Court of Iowa.

January 9, 2009.


Attorney(s) appearing for the Case

Steven Gardner of Kiple, Denefe, Beaver, Gardner & Zingg, L.L.P., Ottumwa, for appellant.

Sean M. Becker of Vinson & Elkins, L.L.P., Houston, Texas, and Gene R. La Suer of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines, for appellee.


HECHT, Justice.

An employee was discharged from employment after his urine sample tested positive for an illegal drug. The employer provided the employee with oral notice of his right to a confirmatory retest of the sample. The employee subsequently filed this action alleging the employer violated Iowa's "drug-free workplaces" statute by failing to give written notice of his right to request a confirmatory test. The district court found the employer substantially...

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