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EMPLOYMENT SECURITY DEPARTMENT OF NEVADA and STARDUST HOTEL, Appellants
vs.
MICHAEL J. VERRATI, Respondent
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Issues:
Blood test, unemployment benefits, misconduct, risk of harm
Case Summary:
The Employment Security Department of Nevada and Stardust Hotel appeal a lower court's ruling in favor of Michael J. Verrati, a former employee and casino boxman who was granted unemployment benefits. Verrati was found sleeping on the job and other personnel observed that his speech was slurred. Varrati refused to submit to a drug test and was fired.
Decision of lower jurisdiction:
The Eighth District Court, Clark County ruled in favor of Verrati, reversing a Nevada Employment Security Department Board of Review ruling which noted that Verrati's refusal to submit to a drug test constituted misconduct. The state board also ruled that Stardust had probable or reasonable cause for the test.
Outcome:
Stardust wins. The Supreme Court of Nevada reversed the lower court's ruling and reinstated the finding of the state review board.