Bean Dredging Corporation v. Administrator, Division of Employment Security, Department of Labor

| iTHIB ODEAUX, Judge,

dissenting.

To be ineligible for unemployment benefits the employee’s alleged misconduct must have been employment-related or a violation of his employer’s promulgated rule with respect to drug usage. Marine Drilling Company v. Whitfield, 535 So.2d 1253 (La.App. 3 Cir. 1988). Louisiana Revised Statute 23:1601(10)(a) provides that “misconduct” includes on or off the job drug use of a non-prescribed controlled substance. It is the employer’s burden to prove such usage by a preponderance of the evidence.

Clearly, the evidence does not show that Weathersby’s drug use was…