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VIRGINIA EMPLOYMENT COMMISSION AND HERCULES INC.
vs.
TIMOTHY C. SUTPHIN
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Issues:
Unemployment benefits, misconduct, urinalysis, marijuana
Case Summary:
Hercules, Inc. and the Virginia Employment Commission appeal a lower court's ruling that grants unemployment benefits to Timothy C. Sutphin, a former employee who was dismissed after he tested positive for marijuana. The commission had rejected his application for benefits. The commission stated that Sutphin's positive result constituted misconduct.
Decision of lower jurisdiction:
The circuit court reversed the decision, of the state's commission. The court accepted Sutphin's contention that he was exposed to the marijuana unknowingly at a birthday party by a friend who "spiked" a cigarette with the drug. The court ruled that Sutphin did not intentionally violate the company's drug policy. The company now appeals.
Outcome:
Hercules loses. The Virginia Court of Appeals affirmed the circuit court's ruling and awarded unemployment benefits.