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BEAN DREDGING CORPORATION, Plaintiff - Appellant
vs.
ADMINISTRATOR DIVISION OF EMPLOYMENT SECURITY DEPARTMENT OF LABOR ET AL., Defendant - Appellee
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Issues:
Substance abuse policy, unemployment compensation, drug use, drug testing, disqualifying conduct
Case Summary:
Bean Dredging Corp. appeals a lower court decision that grants former employee Todd Weathersby unemployment compensation benefits after being fired for failing a pre-employment drug test.
Decision of lower jurisdiction:
The Sixteenth Judicial District Court of the Parish of Iberia, Louisiana, and the Office of Employment Security ruled in favor of Weathersby, noting he was entitled to benefits because he was not an employee at the time drug use had taken place. Weathersby's discharge, the court ruled, was therefore "not ... connected with the employment."
Outcome:
Bean wins; Third Circuit Court of Appeals reverses lower court ruling and denied Weathersby unemployment compensation benefits, noting that Weathersby knew he would be discharged from employment and his unemployment compensation would be jeopardized if he failed a drug test. Appeals court concluded that Weathersby made false assertions to Bean that "contravened" Bean's drug policy and constituted misconduct.