Kraslawsky v. Upper Deck Co

In Kraslawsky v. Upper Deck Co. (1997) 56 Cal.App.4th 179, the court reversed summary judgment on state constitutional privacy and wrongful termination claims after concluding a triable issue of material fact existed regarding whether the employer had reasonable cause to believe the employee was under the influence of intoxicants. However, the court affirmed summary adjudication of the intentional infliction of emotional distress cause of action based on the employee's testimony she did not find the proposed drug testing procedure intrusive. The employer in that case requested the employee drive to a medical facility and provide a urine sample for a drug test, which would not have been visually observed. She would have entered a bathroom fully clothed and the test would have been monitored only by a nurse standing outside the bathroom door. (Kraslawsky, at p. 183 & fn. 2.)