City of Morristown vs. Rebecca A. Long

Case Number
E2004-01545-COA-R3-CV

The appellant was discharged from her job by the City of Morristown based upon allegations that she participated in the use, possession, sale and distribution of marijuana in violation of the City's policy against illegal drugs in the workplace. She applied for unemployment benefits and her claim was denied. She appealed the denial of benefits and both the Appeals Tribunal and the Board of Review of the Employment Security Division of the Tennessee Department of Labor and Workforce Development ruled that she was eligible for unemployment benefits because the City failed to prove the alleged illegal drug activity. The trial court reversed the decision of the Board of Review. We hold that the trial court exceeded its authority under the applicable standard of review, and therefore, we reverse the judgment of the trial court and remand.

Authoring Judge
Judge Sharon G. Lee
Originating Judge
Chancellor Ben K. Wexler
Case Name
City of Morristown vs. Rebecca A. Long
Date Filed
Dissent or Concur
No
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