0031 2558 84 (Oct. 30, 2019) – Claimant was discharged for failing a breathalyzer test. Where the findings provide that he had consumed alcohol more than 10 hours before his shift and there was no evidence of intoxicated behavior, Board concludes that there was not substantial and credible evidence to determine that the claimant violated the employer’s policy not to report to work intoxicated or under the influence of alcohol.
0008 9836 26 (June 11, 2014) – A public transit driver’s sober, reflective decision to address her emotional turmoil by consuming alcohol prior to starting her shift rather than calling in sick or taking her lawfully prescribed anxiety medication was a knowing violation of the employer’s alcohol policy within the meaning of G.L. c. 151A, § 25(e)(2).