Bozarth v. Atlantic Richfield Oil Co.

OPINION

MOORE, Justice.

John Bozarth, a pilot for Atlantic Rich-field Company (ARCO), was fired after he refused to participate in ARCO’s random *3drug-testing program. Bozarth sued, claiming that the dismissal was really in retaliation for whistle-blowing. Bozarth had repeatedly complained about unsafe practices in ARCO’s aviation department.

Shortly after filing suit, Bozarth applied for state unemployment insurance benefits. These were denied on the grounds that Bozarth’s discharge was due to work-related misconduct. The denial was upheld by the Appeals Tribunal of the Employment Security…