Mouthwash Defense Claimed in Suit
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SANTA ANA — A former mechanic for Continental Airlines filed a $750,000 suit Wednesday against the company, alleging managers fired him for failing a breath test that detected alcohol in the mouthwash he had just used.
James E. Cash, who had worked for the airline for 25 years, maintains in the suit that, because of Cash’s extensive bridge work, his dentist had advised him to brush, floss and gargle with mouthwash after each meal.
One day last June, just after he had finished that routine, he was asked to take a routine breath alcohol test, according to the suit. Cash claims he asked permission to rinse out his mouth and was refused.
The test produced a reading of .047, which the suit says resulted solely from the presence of the mouthwash, which consisted of more than 20% alcohol.
According to the suit, which was filed in Orange County Superior Court, the technician who administered the test told Cash that alcohol readings from mouthwash were not unusual and that “under the circumstances, plaintiff’s employment status would not be adversely affected.”
But after failing the test, he was ordered to resign or face firing.
Cash declined to comment on the suit Wednesday.
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