View Summary
DONNA M. CLEVENGER, Appellant
vs.
NEVADA EMPLOYMENT SECURITY DEPARTMENT STANLEY P. JONES in His Capacity as Executive Director and HAROLD KNUDSON in His Capacity as Chairman of Nevada Employment Security Department Board of Review; LINDA K. LEE in Her Capacity as a Member of the Nevada Employment Security Department Board of Review MEL MYERS in His Capacity as a Member of the Nevada Employment Security Department Board of Review, Respondents
Click Here to Read the Full Case Summary
Issues:
Unemployment benefits, misconduct, marijuana, safety, drug testing
Case Summary:
Donna M. Clevinger appeals a district court ruling that denied her unemployment benefits after she was fired for misconduct. Clevinger, a former employee of Day & Zimmerman/Basil Corp, an explosives manufacturer, had failed several drug tests, testing positive for use of marijuana. Clevinger's application for benefits was rejected by a review panel of the state's unemployment board.
Decision of lower jurisdiction:
A district court affirmed the ruling of the review board. The court accepted the board's rationale that Clevinger's record of positive test results constituted substantial evidence. Clevinger now appeals.
Outcome:
Clevinger loses. The Neveda Supreme Court affirmed the district court's ruling. The supreme court noted a reasonable connection between company's rule against off-duty drug use and its safety interests. The court also noted that Clevinger had demonstrated a willful disregard for the company's rules and obligation to her employer.