Topics

Archives

Select Month:

Contributors

Posts tagged unemployment.

unemployment benefits rejected.jpg

Terminated employees qualify for unemployment benefits when they are unemployed without fault on their part.  Recently the Virginia Court of Appeals determined that fault can include conduct that occurs outside of the workplace.

The Case

The case is Francis v. VEC & Wal-Mart Associates, Inc.  Francis was employed by Wal-Mart from 6/2006 through 4/2008.  During her time with Wal-Mart she had no workplace discipline issues.  Outside of work she was charged with felony welfare fraud.  Even though she was not required to do so, Francis disclosed the charges to her superiors.  Her superiors rewarded her openness by suspending Francis and eventually forcing her to resign in lieu of termination.

In a recent decision, Virginia Employment Commission v. Community Alternatives, Inc. and April L. Collier, the Virginia Court of Appeals overruled the Virginia Employment Commission's position that in order to establish worker misconduct for failing a drug test, the employer must include in evidence a certification regarding the chain of custody of the drug test.   

Gavel - extra small.jpg

The case centered around Community Alternatives, Inc.'s ("CA") "drug-free workplace" policy. Under the policy, employees agreed to refrain from usage of illegal drugs and agreed to submit themselves to random drug testing. In 2007, April Collier was hired by CA.  When hired she signed the policy agreeing to the "drug-free workplace" policy. 

In September of 2008, Collier was randomly tested for drugs.  She tested positive for marijuana and was subsequently fired for violating the policy.  She filed a claim for unemployment benefits with VEC.  VEC ultimately awarded benefits despite CA's objections.