BECKLEY – A Raleigh County man alleges that his privacy was invaded during a random drug test.
Rodney Smith, individually and on behalf of all others similarly situated, filed a complaint Feb. 20 in Raleigh Circuit Court against Quality Drug Testing Inc. alleging invasion of privacy and negligence.
According to the complaint, the plaintiff alleges that on June 22, 2017, the defendant's representative went to his place of employment to administer a random drug test. The plaintiff alleges that the defendant's representative stood close by and watched him provide a urine sample for the test. The suit states his test was clean and upon information and belief, the plaintiff's employer did not request that he be directly observed giving a urine sample.
The plaintiff holds Quality Drug Testing Inc. responsible because the defendant allegedly failed to supervise and properly train its employee relating to the lawful manner of obtaining urine samples.
The plaintiff requests a trial by jury and seeks an award for compensatory and punitive damages, litigation costs and expenses and such other general and appropriate relief. He is represented by Kristina Thomas Whiteaker and David L. Grubb of The Grubb Law Group in Charleston. The case has been assigned to Circuit Judge Robert A. Burnside Jr.
Raleigh Circuit Court case number 18-C-97