Massachusetts Supreme Judicial Court, 1996

Thomas O'Connor & Co. v. Commissioner of the Department of Employment & Training

Thomas O'Connor & Co. v. Commissioner of the Department of Employment & Training
Massachusetts Supreme Judicial Court · Decided May 7, 1996
422 Mass. 1007; 664 N.E.2d 440; 1996 Mass. LEXIS 99

Thomas O'Connor & Co. v. Commissioner of the Department of Employment & Training

Opinion of the Court

It would be impossible for an employer to prove a violation of its workplace-related drug policy solely by the proof that before the employee ■ was hired he had used a controlled substance. Moreover, there was no evidence that the employee did anything while at work in violation of the employer’s drug policy. The agency decision to award the employee unemployment compensation benefits was correct.

Judgment affirmed.

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