Former Talen Energy employee alleges he was wrongfully terminated over drug and alcohol screening

By Carrie Bradon | Apr 11, 2019

SCRANTON – A Wapwallopen man is suing his former employer alleging that he was terminated after failing a drug and alcohol screening that then prevented him from getting a job elsewhere.

Scott Bennett filed a complaint on March 22 in the U.S. District Court for the Middle District of Pennsylvania against Talen Energy Corp., Riverstone Holdings LLC and Susquehanna Nuclear LLC alleging intentional interference with prospective contractual relations, defamation and wrongful termination.

According to the complaint, the plaintiff was hired full-time by the defendants in 2007 as a production foreman. He alleges he had to submit a urine sample for Fitness for Duty testing to the defendant on Feb. 15, 2018. 

The suit states the plaintiff's sample was positive for alcohol above the permitted level but that he was not advised of this. The suit states because of the results, his Unescorted Access authorization was denied and he was terminated in March 2018 due to the Fitness for Duty violation.

The suit states the plaintiff applied for a job at River Bend Nuclear Generating Station in Louisiana but he was not given the position since he did not have an Unescorted Access badge. He also alleges he applied for a job at a facility in Michigan and the offer was rescinded because his Unescorted Access badge had not been restored.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Franklin E. Kepner Jr and Franklin E. Kepner III of Kepner Kepner & Corba PC in Berwick.

U.S. District Court for the Middle District of Pennsylvania case number 3:19-CV-00521

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