Case Summaries
July 2007

Discipline Requires Employee to Have Received Training
And/Or Notice That Foreign Medication May Test As Illegal Substance

Luis A. Valenzuela v. Cal. State Pers. Bd., 2007 Cal.App.Unpub.LEXIS 5438 (California Unpublished Opinions 2007)

California Department of Corrections and Rehabilitation dismissed Luis A. Valenzuela from his position as a corrections officer for failing a drug test. Valenzuela appealed to the State Personnel Board, on the basis that the positive drug test had been caused by ingestion of Mexican diet medication that he had legally obtained in Mexico , and he was unaware that taking the medication could result in a positive test for amphetamines. The Board upheld the penalty.

Valenzuela filed a petition for writ of administrative mandate, requesting the superior court to vacate the Board's order, asserting the dismissal decision was not supported by substantial evidence. The trial court granted the petition because it found the Board had abused its discretion in upholding the termination, because there was no substantial evidence to support a conclusion that Valenzuela was on legally adequate notice, for due process purposes, that his foreign prescription could result in his being tested positive for amphetamines. Valenzuela was ordered reinstated with back-pay.

The California Court of Appeal, Fourth Appellate District, affirmed the trial court's finding that the Board abused its discretion in upholding the termination, due to a lack of sufficient evidence supporting a finding of inadequacy of the form and content of the notice given about the prohibited conduct.

The Court noted that there was no evidence that Valenzuela, at work or in training, was ever given a warning or ever read a warning, regarding the medication. The decision of the Board only established, by Valenzuela's admission, that he heard something about an unspecified memo warning of unspecified foreign diet pills, and it was never established on the record that Valenzuela's Mexicali prescription had no legitimate medical use."