Shrout v. the TFE Group

OPINION

VANMETER, Judge.

John Shrout, a truck driver, was terminated from his employment after a positive drug test. However, the testing was not conducted as required by federal regulations, and the test results were inaccurate due to the improper- handling of the tested sample and Shrout’s use of legal, over-the-counter (OTC) medications. The issues we must decide on appeal are whether the employer’s failure to comply with federal testing regulations creates an exception to Kentucky’s employment at-will doctrine, and whether Shrout has stated a viable claim for defamation. We hold that the…