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Administrative Law Keyed to Schwartz
Wagstaff v. Department of Employment Security
Citation:
826 P.2d 1069 (1992)Facts
Dennis Wagstaff worked at Hill Air Force Base for nearly twelve years with an unblemished record. In 1989, the Air Force Office of Special Investigations (OSI) initiated an investigation into alleged drug use by civilian maintenance personnel. When questioned in October 1989, Wagstaff admitted to using cocaine once during a lunch break in June or July 1989, but denied any other drug use. A voluntary urinalysis test was negative. Based on his admission, the Air Force terminated Wagstaff in January 1990. At the time of Wagstaff’s drug use, Air Force regulations recommended disciplinary action ranging from reprimand to 5-day suspension for first-time drug offenses, and none of the eighty previous first-time drug offenders had been terminated. Despite this, Wagstaff testified that he knew drug use could lead to termination. After his termination, Wagstaff applied for unemployment benefits, which were denied on the basis that he was terminated for just cause.
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