Jury awards $175,000 to diabetic man fired over drug test

Associated Press

BENTON, Ill. A federal jury awarded $175,000 to a diabetic who was fired
from his job at a boatmaking plant after saying he couldn't provide a
urine sample because he was dehydrated.

Rex Slane of West Frankfort sued Mariah Boats for wrongful dismissal after
he was fired in June 1994, one week after he became ill at the plant and
went to the hospital with severe dehydration. Mariah officials sought the
urine sample shortly after Slane was hospitalized, according to testimony
in the case.

He was unable to provide a sample that day, but a sample taken the next day
showed no sign of drug use, according to Slane's lawyer, Courtney Cox of
Benton.

Slane's personnel file contained notes from two managers who claimed to
have seen him in the bathroom with white powder on his nose and upper lip
the week before he became ill.

But the two managers acknowledged in depositions that they never approached
Slane about the alleged drug use.

Cox called the accusations "a concocted story aimed at discrediting and
ruining Slane."

"There was not one single problem until he became ill," Cox said.

"There was nothing negative or detrimental in his personnel file. He was an
excellent employee with very few absences ... he was very loyal to Mariah
Boats and was proud to work for them."

Defense lawyer Paul Schoen of West Frankfort said the managers didn't
approach Slane because it is Mariah's policy not to single out and
embarrass employees.

He said Slane's refusal to take the test, not alleged drug use, was the
basis for the dismissal. Schoen said Tuesday's verdict would be appealed.

Slane has filed a defamation of character lawsuit against one of the
managers, his lawyer said.