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RICHARD L. BUTLER, Appellant (Claimant Below)
vs.
REVIEW BOARD OF THE INDIANA DEPARTMENT OF EMPLOYMENT AND TRAINING SERVICES MABLE MARTIN-SCOTT Chairperson GEORGE H. BAKER Member and MARK T. ROBBINS Member and CARDINAL COMMUNICATIONS, Appellee (Employer Below).
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Issues:
Reasonable suspicion, unemployment benefits, alcohol testing, refusal, safety, policy and procedure.
Case Summary:
Richard Butler, a former employee of Cardinal Communications, appeals a state board's rejection of his application for unemployment benefits. Butler was dismissed from the company after he refused to comply with a supervisor's order to submit to a drug test. The supervisor ordered the test based on reasonable suspicion. Butler appeared disoriented and smelled of alcohol. He admitted to consuming alcohol the night before. Following his dismissal, Butler applied for unemployment benefits. The company contested his application.
Decision of lower jurisdiction:
A state benefits review board rejected Butler's application for benefits. The board ruled that Butler deliberately violated a clearly established company policy and was disqualified from receiving benefits. Butler now appeals.
Outcome:
Butler loses. The Indiana Court of Appeals affirmed the ruling of the state's benefits board. The court ruled that the company's drug and alcohol testing policy was a reasonable attempt to promote safety in its workplace.