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VA. EMPLOYMENT v. COMMUNITY ALTERNATIVES

Record No. 1216-10-1.

705 S.E.2d 530 (2011)

57 Va. App. 700

VIRGINIA EMPLOYMENT COMMISSION v. COMMUNITY ALTERNATIVES, INC. and April L. Collier.

Court of Appeals of Virginia, Richmond.

February 15, 2011.

Attorney(s) appearing for the Case

Cheryl A. Wilkerson , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellant.

J. Nelson Wilkinson , Richmond, ( David C. Burton ; Williams Mullen , P.C., Virginia Beach, on brief), for appellee Community Alternatives, Inc.

No brief or argument for appellee April L. Collier.

Present: HUMPHREYS, KELSEY and HALEY, JJ.

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)(1), which precludes employees fired for testing positive for drug use from receiving unemployment benefits. Agreeing with the circuit...

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