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2002 SESSION

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SB 127 Unemployment compensation; disqualification for misconduct.

Introduced by: Frank M. Ruff | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Unemployment compensation; employee misconduct. Provides that an employee's misconduct includes testing positive for a nonprescribed controlled substance as established by a confirmed positive test conducted pursuant to a drug testing program conducted in conjunction with a rehabilitation agreement, by personnel of a probation agency or personnel of any program or agency approved by a probation agency, or pursuant to any other drug testing program administered pursuant to an order of a court of competent jurisdiction requiring the employee to remain drug free and to submit to such tests. The drug test results shall be available to the Virginia Employment Commission.

SUMMARY AS INTRODUCED:

Unemployment compensation; employee misconduct. Expands the scope of the definition of an employee's misconduct to include having in his bodily fluids while at work a nonprescribed controlled substance as established by a confirmed positive test conducted pursuant to a drug testing program conducted by personnel of a probation agency or personnel of any program or agency approved by a probation agency or pursuant to any other drug testing program administered pursuant to an order of a court of competent jurisdiction requiring the employee to remain drug free and to submit to such tests. The drug test results will be available to the Virginia Employment Commission. The measure also provides that an employer satisfies the burden of proving that an individual was discharged for misconduct connected with his work if the employer establishes by a preponderance of evidence that he discharged the individual as the direct result of the employer's bona fide belief that the individual engaged in criminal activity at work.