Eastham v. The Housing Authority of Jefferson County

(Court opinion corrected 12/9/14.) Plaintiff was required to submit to a random drug test by his employer, which had a drug- and alcohol-free workplace policy. Plaintiff told his supervisor that he would likely fail the drug test, because he had smoked marijuana on a recent vacation. Although his drug test came back negative, Plaintiff was discharged for violating the employer's policy, and was denied unemployment insurance benefits. Employer's policy prohibited employees from being under influence of illegal drugs on employer's property or "while in the course of" their employment. Appellate court interprets this to mean that use or possession of drugs, or being under the influence, is prohibited while on the job or while on employer's property. Plaintiff's conduct was not misconduct sufficient to disqualify him from benefits under Unemployment Insurance Act. (CATES and GOLDENHERSH, concurring.)