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Court Allows Fired Smoker to Proceed with Privacy and ERISA Claims
Seyfarth Shaw LLP Link to more items from this source
[Guidance Overview]
Mar. 18, 2008
Excerpt: The Scotts Company maintains a policy against employing smokers. In Rodrigues v. The Scotts Company, the plaintiff claimed that his employer wrongfully terminated him when a urine test confirmed that he smoked. After his termination, Rodrigues brought four claims in the U.S. District Court for the District of Massachusetts: (1) violation of the Massachusetts privacy statute; (2) unlawful interference with his rights in violation of the Massachusetts Civil Rights Act (MCRA); (3) wrongful termination; and (4) violation of Section 510 of the federal Employee Retirement Income Security Act (ERISA) by terminating him in order to interfere with his right to benefits under the employer's ERISA plans.

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