Virginia Employment Commission v. Community Alternatives, Inc.

KELSEY, Judge.

Community Alternatives, Inc., fired April L. Collier for violating its drug-free workplace policy after she tested positive on a drug test. The Virginia Employment Commission (VEC) awarded Collier unemployment benefits. The circuit court reversed the award after concluding the VEC misapplied Code § 60.2-618(2)(b)(l), which precludes employees fired for testing positive for drug use from receiving unemployment benefits. Agreeing with the circuit court’s reasoning, we affirm.

I

In August 2007, Collier began working for Community Alternatives, Inc. The employer maintained a drug-free…