Reference no: EM131006746

A stocker at a Walmart store in Minnesota hurt his back on the job and reported the injury to his supervisor. He continued to work for the next week, but then took leave due to other medical problems. Upon returning to work, the employee filed a workers' compensation claim based on the back injury he had suffered sixty-four days ear- lier. Walmart has a policy requiring a drug test to occur immediately, or as soon as practical, after a workplace accident. Pursuant to that policy, the employee was told to report for a drug test. He did so, but due to circumstances related to his poor health, the drug test could not be completed at that time. The test was not rescheduled, and the employee was subsequently terminated for failing to submit to the required drug test. Under Minnesota law, employers are permitted to drug- test under circumstances including "reasonable suspicion that the employee has sustained a personal injury." However, drug testing cannot be required "on an arbitrary and capricious basis." Did the employer violate Minnesota's drug- testing law by terminating this employee? Why or why not? (Harris v. Wal-Mart Stores, 2007 U.S. Dist. LEXIS 83053 (D. Minn.))