9th Circ. Revives Part Of Driver's Suit Over Alcohol Firing

Law360 (July 16, 2018, 6:30 PM EDT) -- The Ninth Circuit on Friday revived part of a delivery driver's claim that the home furnishing company he worked for illegally fired him for drinking on his own time, but also let stand a lower court's decision to toss his claim that he was retaliated against for having filed a workers' compensation claim.

A split three-judge panel overturned part of a 2016 decision by U.S. District Judge Robert Clive Jones that awarded summary judgment to R.C. Willey Home Furnishings over claims by plaintiff Steven O'Brien related to his firing for failing a pair of Breathalyzer tests before work.

More specifically, the...

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