The Nevada Supreme Court has ruled a Las Vegas casino worker is entitled to collect unemployment benefits after being fired for testing positive for marijuana.
The justices said the downtown Las Vegas Club — which was shuttered last summer — failed to present its drug and alcohol policy to the court to show the worker willfully violated it.
Jeffrey Simmons, a 10-year employee of the casino as a surveillance technician, started using medical marijuana in 2013 to treat a disability. In 2014 he alerted his employer to an industrial injury, and he was directed to undergo a drug test. Marijuana was found in his system and he was fired for violating the company’s policy.
Simmons sought jobless benefits but the Las Vegas Club opposed the application. Through a series of hearings, the casino failed to present a copy of the drug and alcohol policy to a hearing officer or state officials. [Read more at Vegas Inc.]