Smith v. Zero Defects, Inc.

SCHROEDER, Justice.

This is an appeal from the Industrial Commission’s (Commission) decision to grant unemployment benefits to Marjorie A. Smith (Smith) who was discharged from her employment. The Commission determined that the discharge was not for misconduct relating to her employment.

I

BACKGROUND AND PRIOR PROCEEDINGS

Smith was employed with Zero Defects in its production department from September 20, 1994, to December 4,1995. Zero Defects manufactures electronics equipment. It has a “zero tolerance” drug policy (the policy) that provides, in relevant part, as follows:

2. Being at work under…