Thomas O'Connor & Co. v. Commissioner of the Department of Employment & Training

Massachusetts Supreme Judicial Court

Thomas O'Connor & Co. v. Commissioner of the Department of Employment & Training

664 N.E.2d 440, 422 Mass. 1007, 1996 Mass. LEXIS 99

Massachusetts Supreme Judicial Court·Decided May 7, 1996·No. No. 2·Published

Opinion

It would be impossible for an employer to prove a violation of its workplace-related drug policy solely by the proof that before the employee ■ was hired he had used a controlled substance. Moreover, there was no evidence that the employee did anything while at work in violation of the employer’s drug policy. The agency decision to award the employee unemployment compensation benefits was correct.

Judgment affirmed.

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It would be impossible for an employer to prove a violation of its workplace-related drug policy solely by the proof that before the employee ■ was hired he had used a controlled substance. Moreover, there was no evidence that the employee did anything while at work in violation of the employer’s drug policy. The agency decision to award the employee unemployment compensation benefits was correct.

Judgment affirmed.

Thomas O'Connor & Co. v. Commissioner of the Department of Employment & Training, 664 N.E.2d 440, 422 Mass. 1007, 1996 Mass. LEXIS 99 (Mass. 1996).

Pincite

664 N.E.2d 440 (Thomas O'Connor & Co. v. Commissioner of the Department of Employment & Training) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.