HUNTINGTON – A Kentucky man is suing Braskem America Inc. for informing his employer that he allegedly failed a drug screening as part of a pre-employment test for another job.
W.M. was employed by Stefanini and in September 2017, he applied for employment with Braskem, according to a complaint filed in Wayne Circuit Court and removed to federal court on Feb. 19.
W.M. claims he signed an authorization allowing Braskem to contact his current employer on Dec. 15, 2017, to obtain background information about him as part of the hiring process, but that authorization did not provide for Braskem to divulge or disseminate information to third parties through its investigation.
During the hiring process, W.M. had to do a drug test and Braskem alleged he did not pass the drug test. Braskem then contacted Stefanini and informed the company that W.M. did not pass the drug test, according to the suit.
W.M. claims Stefanini then fired him based on the information provided by Braskem.
"As a result of the defendant's having improperly conveyed information about the alleged results of W.M.'s pre-employment drug screen, W.M. has suffered lost wages and other damages for which he seeks relief," the complaint states.
W.M. claims Braskem did not have permission to interfere with his employment with Stefanini and its interference caused him to lose his job.
W.M. is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Hoyt Glazer of the Law Office of Hoyt Glazer in Huntington.
Braskem claims the case belongs in federal court because of a diversity of citizenship and because the amount in controversy exceeds the state court limit.
Braskem is represented by Constance H. Weber and Kameron T. Miller of Littler Mendelson of Charleston.
U.S. District Court for the Southern District of West Virginia case number: 3:20-cv-00141