Victory for Our Clients: Partners Greg Grant and Kristen Rewa Secure Summary Judgment for Municipality

We are proud to announce that partners Greg Grant and Kristen Rewa obtained a complete victory for a municipality and its city manager when the U.S. District Court for the Western District of Michigan granted Defendants’ motion for summary judgment in a discrimination and retaliation lawsuit filed under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

The case involved a City electrical lineman who tested positive for methamphetamine on a random drug screen—a result that was confirmed on retest—and whose employment was terminated the following day based on the confirmed result. He claimed the decision was motivated by his prior National Guard service and an alleged intention to reenlist, as well as his pursuit of past benefits. The Court held that the positive drug test provided a sufficient, non-discriminatory basis for termination and granted summary judgment to the City and City Manager.

Key aspects of the opinion:

• Clear, legitimate reason for termination. The Court found that the confirmed positive drug test—standing alone—was a valid, non-discriminatory ground for termination under the City’s policy, which permits discipline up to and including termination.
• Honest-belief and reasoned decision-making. The Court credited the City Manager’s process: consulting the testing physician, the city attorney, and department heads; considering alternatives; and making a reasonably informed decision supported by the record.
• No protected status based on intent to reenlist. The Court concluded Plaintiff did not have USERRA-protected status merely by discussing a potential reenlistment and, even if he did, Defendants would have made the same decision given the confirmed test.
• Temporal proximity and other theories rebutted. Although Plaintiff pointed to timing and alleged inconsistencies, the Court held Defendants’ evidence overcame any inference of discrimination or retaliation.

Significance: This decision reinforces that employers may rely on confirmed drug-test results and a documented, consultative process to make safety-critical employment decisions, even in the face of USERRA claims premised on timing or workplace remarks unrelated to the ultimate decision-maker.

Result: All claims were dismissed on summary judgment. Congratulations to Greg and Kristen for a decisive, hard-earned win for our clients.

Gregory Grant is a partner in our Traverse City office where he focuses his practice on municipal law, employment and labor law, insurance defense, and litigation. He has extensive litigation experience in the areas of employment and labor law, police liability, first amendment law, due process, Open Meetings Act (OMA) and Freedom of Information Act (FOIA) and has earned dismissals in each of these areas. He may be reached in our Traverse City office at (231) 922-1888 or ggrant@cmda-law.com.

Kristen Rewa is a partner in our Grand Rapids office where she focuses her practice on law enforcement defense and litigation, municipal law, employment and labor law, and insurance defense. She has experience in police liability and risk management, internal affairs investigations and disciplinary matters, and public safety policies and procedures. She may be reached in our Grand Rapids office at (616) 975-7470 or krewa@cmda-law.com.