A federal appeals court has held that the Minnesota drug testing statute applies to an applicant tested in Minnesota, even though the applicant was being hired for a job in another state. Push, Inc., a Wisconsin corporation, hired Olson, a Minnesota resident, for a job in West Virginia. Olson began working and underwent a pre-employment drug test in Minnesota. When the drug test result came back as “dilute” five days later, Push treated it as a positive result and terminated Olson. Olson filed suit in Minnesota, alleging violation of The Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA), which prohibits an employer from terminating an employee for a first-time positive drug test result. The Eight Circuit Court of Appeals stated that DATWA applied to this case because Push did business in Minnesota, hired a Minnesota resident and permitted the pre-employment drug test to be conducted in Minnesota.

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