Ellis v. Unemployment Compensation Board of Review

FRIEDMAN, Judge.

Elaine Ellis (Claimant) appeals from the order of the Unemployment Compensation Board of Review (UCBR) that affirmed the referee’s decision denying her unemployment compensation benefits. The referee and UCBR determined that Claimant’s failing of a drug test constituted willful misconduct, rendering Claimant ineligible for benefits under section 402(e) of the Unemployment Compensation Law (Law). 1 Although we agree that an employee’s failing a drug test may constitute willful misconduct, we reverse because Claimant’s employer did not prove that Claimant failed the drug test.

The…