Ben S. Greenberg, vice chair of the firm’s Trucking and Transportation practice, was quoted in an article for Trucking Info discussing next steps an employer can take when an employee fails a drug test. Ben also touches on what makes ADA claims for truck drivers more legitimate.
“If the driver is actively seeking help on the front end and is not a current abuser; that’s much better than testing positive and asking for forgiveness. It’s looked at a lot differently. Either way, safety comes first. You couldn’t accommodate a driver that’s [still] taking a drug that would affect their ability to operate safely.”
“A Failed Drug Test Doesn’t Have to be the End of the Road for Truck Drivers,” Trucking Info, December 12, 2019
Ben S. Greenberg has defended clients before all levels of the Industrial Commission, North Carolina Superior Courts, the North Carolina Court of Appeals, and the U.S. District Court for the Western District of North Carolina. In addition to his defense practice, he is a regular presenter on the interplay of workers’ compensation, Family and Medical Leave Act (FMLA), and Americans with Disabilities Act (ADA) issues as well as claims mitigation strategies for employers.