Clevenger v. Nevada Employment Security Department

OPINION

This is an appeal from an order of the district court upholding the decision of the Nevada Board of Review that denied unemployment benefits to appellant because of her termination for misconduct, that misconduct being the continued use of marijuana.

FACTS

Appellant Clevenger worked as an explosive operator for Day & Zimmerman/Basil Corporation (DZB) from 1980 until she was terminated in December of 1986. In July, 1986 appellant was involved in an occupational accident. 1 DZB’s policy required appellant to submit to a screening test for controlled substances. 2 The results of the drug…