Hernandez v. Hughes Missile Systems Company

292 F.3d 1038 Joel HERNANDEZ, Plaintiff-Appellant, v. HUGHES MISSILE SYSTEMS COMPANY, an Arizona corporation; Hughes Aircraft Company, a Delaware corporation; Raytheon Company, a Delaware corporation, Defendants-Appellees. No. 01-15512. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 14, 2002. Filed June 11, 2002. Richard M. Martinez, Tucson, AZ, for plaintiff-appellant. Ronald J. Stolkin, Janice Procter-Murphy, and Barney M. Holtzman, Fennemore Craig, P.C., Tucson, AZ, for defendants-appellees. Appeal from the United States District Court for the District of Arizona; John M. Roll, District Judge, Presiding. D.C. No. CV-98-00319-JMR. Before REINHARDT, MAGILL * and FISHER, Circuit Judges. OPINION REINHARDT, Circuit Judge. 1 In July 1991, Plaintiff Joel Hernandez was given a drug test at his place of employment and tested positive for cocaine. He had worked for the Defendant, Hughes Missile Systems Company ("Hughes") 1 for approximately twenty-five years, first as a janitor, and at the time of his positive drug test, as a Calibration Service Technician. Hughes was also aware at this time that Hernandez struggled with an alcohol problem. Rather than being…