Bath Iron Works Corp. v. Unemployment Insurance Commission

Summary

The Maine Supreme Judicial Court reviewed the Maine Unemployment Insurance Commission’s determination that Andy C. Fitzherbert was eligible for unemployment benefits after being discharged by Bath Iron Works. The court held that the record compelled a finding that Fitzherbert was discharged on April 14, 2003, for misconduct involving violation of the employer’s drug-use rule, and vacated the judgment affirming the Commission’s decision.

Holdings

1. The Commission's finding that Fitzherbert was discharged because Bath Iron Works refused to comply with a last chance agreement was unsupported by substantial evidence because the record compelled a finding that the discharge occurred on April 14, before the negotiations over that agreement.
2. The administrative record compelled the conclusion that Fitzherbert was discharged for misconduct because his conduct constituted an unreasonable violation of a reasonable employer rule prohibiting drug use or possession and could also constitute use or possession of an illegal drug during working hours.

Questions Presented

1. Whether substantial evidence supported the Commission's finding that Fitzherbert was discharged because Bath Iron Works refused to finalize a last chance agreement rather than because of his violation of the employer's drug policy.
2. Whether the administrative record compelled a finding that Fitzherbert was discharged for misconduct connected with his employment, making him ineligible for unemployment benefits under 26 M.R.S.A. § 1043(23).

Disposition

vacated