Daily Labor Report®

Nurse Fired for Drug Use Fails With Disability, Leave Bias Suit

Sept. 16, 2020, 6:02 PM

A Hackensack University Medical Center nurse dismissed after testing positive for Suboxone and marijuana couldn’t show that it was pretextual, the District of New Jersey ruled.

Michelle Iapichino also tested positive for Klonopin, but she had a prescription for that medication to treat her anxiety disorder and depression, the court said.

She said the hospital fired her because she was disabled, interfered with her use of federally-protected medical leave, and fired her for requesting leave.

But her illegal drug use provided grounds for her discharge, leaving her unable to prove the hospital violated New Jersey’s Law Against Discrimination or the...

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