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Department of the Air Force, Petitioner
vs.
Robert J. Swider and Department of Employment security, Respondents.
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Issues:
Unemployment benefits, due process, drugs, policy and procedure.
Case Summary:
The United State Air Force appeals the decision of a state board to grant unemployment benefits to a former civilian employee. The Air Force terminated Robert Swider's employment after Swider admitted to so smoking marijuana.
Decision of lower jurisdiction:
The state's industrial commission ruled that Swider had demonstrated good faith by admitting his past usage. The commission also noted Swider's successful completion of a drug treatment program.
Outcome:
The Air Force loses. The Utah Court of Appeals affirmed the state's decision to award benefits.