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JEFFREY W. RISCH Appellant
vs.
STATE OF ALASKA acting through its agency the Alaska Department of Labor Employment Security Division and the ALASKA RAILROAD CORPORATION Appellees.
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Issues:
Unemployment, drug testing, misconduct, confidentiality
Case Summary:
Jeffrey W. Risch, a locomotive engineer with the Alaska Railroad Corp. (ARRC), appeals decision of lower court affirming a ruling from the Alaska Department of Labor, Employment Security Division (ESD), disqualifying him from receiving unemployment benefits because he was discharged for misconduct. ESD determined, based on a positive urinalysis, that Risch had intentionally used marijuana.
Decision of lower jurisdiction:
The Superior Court of Alaska, 4th Judicial District, affirmed ESD's ruling. The court rejected Risch's contention that ESD violated confidentiality guidelines in its review of the results of his drug test.
Outcome:
Risch loses. The Supreme Court of Alaska affirms the ruling of the lower court. The supreme court concludes that ESD did not err when it admitted as evidence the results of Risch's drug tests. The supreme court concludes that Risch validly waived confidentiality protection during his review process with ESD.