Friday, November 19, 2010

Court Reviews Employee's Discharge for Violating Company Policy

ALBERT J. HALE, v. JAMES NEELEY, COMMISSIONER, et al. (Tenn. Ct. App. November 19, 2010)

Claimant, an employee of Wal-Mart, was charged with possession of cocaine and pled guilty to a misdemeanor possession, and was then discharged for violating company policy. Claimant was not at work nor on Wal-Mart's property when the offense occurred.

The agency found that claimant was discharged under disqualifying conditions and denied unemployment benefits. Throughout the appeals process, denial of benefits was upheld.

On appeal to this Court, we hold that claimant violated Wal-Mart's policies by failing to report his conviction under a criminal drug statute to his employer within three days as required under the employer's policy. We affirm the denial of unemployment benefits to claimant.

Opinion may be found at: