Unemployment benefits, alcohol, rehabilitation, return-to-duty testing

Curtis White appeals the decision of a state benefits review board that denied him unemployment benefits. White had been employed as a maintenance man with the Don Lee Margin Company . White notified his supervisor that he needed time off to participate in a drug treatment program. The supervisor told White he would need to submit to a drug test upon his return to duty. When White completed the treatment program, he telephoned his employer to schedule the drug test. He was told someone from the office would call him back. A month went by without a call from the office. White assumed he had been terminated and he applied for unemployment benefits. The company contested his application.

A state unemployment benefits review board ruled that White left his job voluntarily and submitted no evidence that indicated his illness was work related. The board denied his application for benefits. White now appeals.

White wins. The Superior Court of Delaware reversed the decision of the state's review board. The court extended benefits to White.