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City fails to prove urine sample arrived at lab with seal intact

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The Indiana Court of Appeals affirmed the finding that a city of Gary employee was discharged but not for just cause. The judges pointed to incomplete paperwork regarding an on-site screen custody form.

Guadalupe Franco, an electro-mechanic for the city of Gary’s Sanitary District, was injured on the job and received treatment at Comprehensive Care. While there, he received an injection for pain and provided a urine sample for drug testing. The on-site screening custody form contains instructions and files to be completed in six steps – with the sixth step completed by MedTox, where the urine sample was sent for further testing after it came back “non-negative” for cocaine metabolite.

The sample was tested at MedTox, which also received a positive result for cocaine. But MedTox did not complete the sixth step on the form which provided a field for the date and a signature from the lab; the lab did, however, generate a report that contained matching numbers as found on the custody form, listed the tests required and identified the sample as Franco’s.

The city fired Franco and he sought unemployment benefits. He disputed the drug test results, claiming he never took the drug and has never had a positive drug test during the time he worked for the city. The administrative law judge ruled in favor of Franco and the Review Board of the Indiana Department of Workforce Development affirmed 2-1.

“Given the fact that relevant fields of steps five and six were not completed, the importance of these steps in the chain of custody, and the serious consequence for an employee of a positive drug test result, we decline to infer, from the fact that test results identifying Franco were sent by MedTox to Comprehensive Care, that the seal must have been intact and that the City met its burden with respect to the chain of custody,” Judge Elaine Brown wrote in City of Gary v. Review Board of the Indiana Department of Workforce Development and Guadalupe T. Franco, 93A02-1312-EX-1016. “This does not have the effect of imposing an impossible burden on the City as it could have produced a copy of the custody form with the relevant fields completed or the testimony or an affidavit of the persons who received, checked the seal of, and tested Franco’s sample. The City bore the initial burden of establishing that Franco was terminated for just cause.”

“The deputy, the ALJ, and the Board concluded sufficient information had not been provided to sustain the City’s burden of proof or to show the chain of custody was reliable. There is sufficient evidence to support the Board’s findings and sufficient facts to support its decision, and we cannot say the Board’s conclusion is unreasonable.”

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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