A municipal employee who was fired after testing positive for drug use is not entitled to unemployment benefits, even if there is no direct proof that he was abusing drugs while on duty, a split en banc panel of the Commonwealth Court in Pennsylvania has ruled.

The substance-abuse policy that sparked Turner v. Unemployment Compensation Board of Review is in no way unique, according to the solicitor for the borough that had employed Henry Turner in its public works department for roughly three decades.

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