Thomas O'Connor & Co. v. Commissioner of the Department of Employment & Training
Thomas O'Connor & Co. v. Commissioner of the Department of Employment & Training
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.