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ROBERT BARTSCH et al. SOUTHWEST VETERINARY DIAGNOSTICS Appellant
vs.
KIM MOORE Respondent.
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Issues:
Reasonable suspicion, unemployment benefits, policy and procedure.
Case Summary:
Southwest Veterinary Diagnostics appeals a state agency's decision to grant unemployment benefits to a former employee. The employee, Kim Moore, was dismissed for misconduct after positing a positive result in a drug test. Moore's supervisor asked her to submit to a drug test four days after another employee told the supervisor Moore appeared to be under the influence. Moore filed for unemployment benefits.
Decision of lower jurisdiction:
The state's unemployment benefits review board ruled in Moore's favor and granted her unemployment benefits. The veterinary practice now appeals.
Outcome:
Moore wins. The Missouri Court of Appeals, Western District, affirmed the ruling to the benefits review board. The court said there was insufficient evidence to deny benefits.