Unemployment benefits, misconduct, drug testing policy, urine sample

Bell Atlantic Network Services appeals a lower court's ruling that extended unemployment benefits to Leniece Matthews, a former employee who was discharged for misconduct after failing a drug test. Matthews participated in the test as required, but her sample failed to register a suitable temperature. The company discharged Matthews for failing to provide a valid specimen.

The Virginia Employment Commission approved Matthews' application for unemployment benefits. The commission stated the company did not prove that Matthews either diluted or altered her sample. The commission also noted that Matthews was discharged for failing to provide a valid specimen, not for refusing to participate in the test or for producing a positive result. A circuit court affirmed the commission's ruling. The company now appeals.

Matthews wins The Virginia Court of Appeals affirmed the circuit court's ruling. The court granted unemployment benefits to Matthews. The court ruled that the company failed to prove that Matthews deliberately violated a company rule.