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BOR (Board of Review)

The claimant was not disqualified from receiving UI because the employer's alcohol policy did not provide notice to the claimant that failing an alcohol test would subject him to termination.

The Board found that the claimant was initially given a disciplinary suspension for failing a random alcohol test, for which he was given conditions under which he might return to work. After fulfilling those conditions, however, he was officially terminated because the employer's insurance carrier had a different alcohol policy and would not insure the claimant after a first positive test. Because the claimant had no notice that a rejection by the employer's insurance after failing a breathalyzer test would subject him to termination, the claimant could not have been aware of the consequences, and could not be disqualified from UI.


Advocate: Greater Boston Legal Services

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