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Dennis L. Wagstaff, Petitioner
vs.
Department of Employment Security and Department of the Air Force, Respondent.
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Issues:
Unemployment benefits, reasonable suspicion, off-duty conduct, drugs.
Case Summary:
Dennis Wagstaff, a former civilian employee with the U.S. Air Force, appeals the decision of a state review board that rejected his claim for unemployment benefits. During an Air Force investigation of drug use by civilian employees, Wagstaff admitted in an interview that he had used cocaine once during a lunch break. Wagstaff was dismissed from his job for violating established policy. Wagstaff contends he was dismissed without just cause.
Decision of lower jurisdiction:
A state review board overturned an initial ruling that granted benefits. The review board determined that the Air Force acted with just cause when it terminated Wagstaff's employment. Wagstaff now appeals.
Outcome:
Wagstaff loses. The Utah Court of Appeals affirms the decision of the review board.