Woman sues Texas City claiming wrongful termination

Former employee says city, mayor violated constitutional rights with drug-testing policy

A former Texas City employee filed a federal lawsuit this week against the city and Mayor Matthew Doyle, accusing the city of wrongful termination and violating her due process rights after she refused to take a random drug test.

The plaintiff, Michelle Garcia, claims the test violated her constitutional rights and that she only complied out of fear of losing her job. Garcia was employed by Texas City as an administrative assistant for the City Secretary’s Office from 2014 through 2017.

Texas City maintains a written policy that allows for the random drug testing of all employees regardless of reasonable suspicion. According to the written policy, refusal to take a random and suspicionless drug rest will result in the employee’s termination.

Per Garcia’s complaint, the city requested that she submit to random drug tests April 28, 2015; Oct. 6, 2015; May 24, 2016 and June 20, 2016. Garcia complied with these tests, but refused when the city requested she be tested again June 19, 2017. Garcia was fired because she refused to take the fifth random drug test.

Garcia then followed the multi-step grievance policy in hopes of having her termination reconsidered and reversed, but it was denied.

She asserts that submitting to a suspicionless drug and alcohol screening and a limitless background check violate her constitutional rights to privacy and due process rights under the Fourth and 14th amendments. She is seeking unspecified monetary damages and a jury trial.

Garcia is being represented by Lionel Martin of the law firm Garcia-Martin & Martin, P.C. in Sugar Land. Martin did not immediately respond to a request for comment.

Doyle, the Texas City mayor, did not respond to a request for comment.

A pretrial hearing is set for July 31 in front of Magistrate Judge Andrew Edison at the U.S. Courthouse in Galveston.