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EDWARD H. BLAKE
vs.
HERCULES INC.; VIRGINIA EMPLOYMENT COMMISSION v. HERCULES INC.
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Issues:
Unemployment benefits, marijuana, off-duty conduct, drug tests, reasonable suspicion.
Case Summary:
Edward H. Blake appeals a lower court's ruling that denies him unemployment benefits. Blake was discharged by his employer, Hercules, Inc., for failing a drug test. Blake admitted to being with other who had used marijuana while off duty, but he denied using the drug. The Virginia Employment Commission approved Blake's application for benefits. The company contested that decision.
Decision of lower jurisdiction:
The Circuit Court of Montgomery County overturned the ruling of the state's commission. The court determined that Blake had been terminated for cause and was not entitled to benefits. Blake now appeals.
Outcome:
Blake wins. The Virginia Court of Appeals reversed the circuit court's ruling. The court of appeals ordered unemployment benefits reinstated.