Deborah Ferguson v. Exide Technologies, Inc et al.


Case Name:Deborah Ferguson v. Exide Technologies, Inc et al.
Case Number:LACV008271
Date of Trial:03/05/2018
Venue:
Delaware County
Casetype/Claims:Wrongful termination

Judge:

Plaintiff's Counsel:Amy BeckDefendant's Counsel:Thomas Wolle

Verdict:Plaintiff's verdict: Lost wages-$45,606.40; Past mental P/S - $12,000

Demand Before Trial:
Offer Before Trial:

Statement of Case:
This is a civil case brought by Plaintiff Deborah Ferguson against Defendants Fred Gilbert and Exide Technologies, Inc. Ms. Ferguson was employed by Exide Technologies, Inc. from 2012 to 2016. On November 2, Defendants asked Ms. Ferguson to submit to drug and alcohol testing. Believing the tests violated the law, Ms. Ferguson refused to take the tests. Defendants fired her because of her refusal. Ms. Ferguson then brought this lawsuit, making two claims.
Ms. Ferguson’s first claim is that Defendants violated Iowa law by demanding she submit to an illegal drug and alcohol test. Iowa Code section 730.5 sets forth requirements for workplace drug testing in the private sector. Section 730.5(8) provides strict guidelines employers must follow when selecting employees for drug or alcohol testing. If an employer fails to meet the requirements set forth in this section, it has violated Iowa’s drug testing law and is subject to civil liability. Ms. Ferguson’s second claim is that Defendants’ decision to fire her for refusing to take an illegal drug test also violated the public policy of the State of Iowa. An employer may not fire an employee for a reason that violates the public policy of our state. A public policy violation is present when an employer terminates an employee in retaliation for performing an important and socially desirable act, such exercising a statutory right or refusing to commit an unlawful act. Refusing to submit to an illegal drug test is the type of protected activity on which a public policy claim may be based. The Court has already found as a matter of law that Defendants violated (1) Iowa Code section 730.5 and (2) the public policy of the State of Iowa when Defendants fired Ms. Ferguson for refusing to submit to an illegal drug test. Because of those findings by the Court, your only task is to decide the monetary value of Plaintiff’s damages. Ms. Ferguson claims damages for lost wages and benefits, as well as compensation for her emotional pain and loss of enjoyment of life. You may also decide if Defendants should be required to pay punitive damages.

Injuries alleged:

Official Jury Verdict Form:
01281__LACV008271_CVVD_85348.PDF

Documents of interest:
(when available)		01281__LACV008271_PINS_84570.PDF01281__LACV008271_PINS_84720.PDF01281__LACV008271_PINS_84571.PDF01281__LACV008271_PINS_85204.PDF01281__LACV008271_PINS_84907.PDF

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