firm-news , wrongful-termination

Doyle Dennis Avery LLP Vs. DISA Global Solutions Inc, DISA Holdings Corp, University MRO LLC, University Services LLC, and Pyschemedics Corporation

The attorneys at Doyle Dennis Avery LLP Trial Lawyers have dedicated decades of their legal careers developing and refining their skills to protect workers throughout the United States. Texas law, similar to all states, provides specific protections to workers who suffer from retaliation, termination, or firing by their employer. Businesses and the economy do not run without the hard work of millions of Americans, and when they face discrimination and termination at work, they deserve to know what protections, benefits, and remedies are available to them.

Due to Doyle Dennis Avery LLP’s vast experience in Texas courts, Doyle Dennis Avery LLP was hired to file suit against DISA Global Solutions Inc, DISA Holdings Corp, University MRO LLC, University Services LLC, and Pyschemedics Corporation for various alleged violations and negligence regarding Federal and State business practices. DISA Global Solutions is a foreign corporation doing business in Harris County, Texas where their headquarters are located. DISA Global Solutions is a third-party administrator for drug testing for companies working in the upstream and downstream energy sector. University MRO LLC and University Services LLC are both wholly owned entities of DISA who aid in their completion of work. Psychemedics is a foreign corporation with headquarters in Massachusetts and operating as a hair drug testing company throughout the United States, including Harris County, Texas. The suit was filed in Harris County District Court in Houston, Texas.

DISA Global Solutions and their entities control over the management and administration of drug testing for virtually the entire upstream and downstream energy sector. DISA completely controls the drug testing process from collection to laboratory analysis. DISA determines who is selected for drug testing, what kind of drug test is performed, when employees should be drug tested, and mandates and controls how an employee is tested. DISA then sends the specimens to Psychemedics for processing before the report is sent the Medical Review Office of University Services, a DISA entity. DISA exclusively utilizes University Services, an entity wholly owned by DISA, to provide services as the Medical Review Office(“MRO”). University Services is then responsible for receiving and reviewing laboratory results for the drug testing program and evaluating medical explanations for certain drug test results. DISA maintains the final decision whether to accept the drug test result or reject it. DISA also decides and controls under which a contractor employee member may request a re-analysis of his or her original specimen. Thus, DISA through its contracts and agreements virtually controls all aspects regarding to drug testing for the upstream and downstream energy sector.

This suit was filed against Defendants regarding their collection, testing, reporting, administration, mismanagement and dissemination of a false positive drug test result on or about November 5, 2018. Prior to Defendants’ improper conduct, Doyle Dennis Avery LLP’s client worked in the oil and gas industry for approximately 10 years. During this period, they were tested multiple times and never tested positive for illegal drug use. As part of pre-employment screening for a new job in the energy industry, Doyle Dennis Avery LLP’s client was sent to DISA Gulf Coast Service Center to take a urine and hair follicle drug test on or about November 5, 2018. The Defendant then inaccurately concluded Doyle Dennis Avery LLP’s client tested positive for an illegal drug. The result simply was inaccurate and incorrect. Doyle Dennis Avery LLP’s client did not and does not use illegal drugs. During the same time period, Doyle Dennis Avery LLP’s client was under the continued medical care related to a high-risk pregnancy, and as part of this treatment, the client never tested positive for any illegal drugs. Since the false positive test result, Doyle Dennis Avery LLP’s client has continued to receive drug tests and repeatedly confirmed that they do not take illegal drugs.

The Defendants as a result of the false positive placed Doyle Dennis Avery LLP’s client’s name into both DISA’s and Pyschemedics’ drug testing databases. These misrepresentations and false statements have barred Doyle Dennis Avery LLP’s client from obtaining employment with oil and gas industry employers who either have agreed to use DISA for their drug testing or companies with zero tolerance drug testing program. As a result of its conduct, Defendants have embarrassed and humiliated Doyle Dennis Avery LLP’s client and completely blackballed them from working in the oil and gas industry. Defendants actions caused Doyle Dennis Avery LLP’s client to suffer serious economic and noneconomic harm, including irreparable damage to the client’s reputation and loss of employment. In addition, Defendants have harmed Doyle Dennis Avery LLP Client’s employment prospects, ruined their reputation, resulted in substantial emotional and financial distress, and destroyed the client’s standing in the community.

Doyle Dennis Avery LLP, on behalf of their client, is pursuing compensation for harm done by the Defendants. Doyle Dennis Avery LLP’s client suffered mental anguish, and of reasonable probability will continue to suffer mental anguish in the future, past and future reputational harm, past and future lost wages, and damages generally. Our lawyers are proud to represent workers against employers who refuse to follow the law and do not respect the rights of their employees. In this case the Defendants allegedly had actual, subjective awareness of the risk involved with their behavior, but nevertheless continued with coconscious indifference to the rights, safety, or welfare of Doyle Dennis Avery LLP’s client.

Workplace safety is incredibly important, but more important is the standards companies have regarding measuring it. Companies need to know that the protections and safeguards they have in place actually work. In this case, it is alleged the Defendants did not ensure those safeguards and protections worked properly and as a result seriously harmed Doyle Dennis Avery LLP’s client. The attorneys at Doyle Dennis Avery LLP proudly and fervently support their clients in pursuing the justice they deserve. If you have experienced discrimination or wrongful termination, call us for a free evaluation of your potential legal claim.