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← 647 So. 2d 1335 - Holtry v. Truly

647 So. 2d 1335 - Holtry v. Truly’s Empirical Analysis

1994

Citation profile

2
cited by 2 later decisions
1
states following
November 1998
most recently cited

2 state decisions

Relationships

Relies on Banks v. ADMINISTRATOR OF DEPT. OF EMPLOYMENT SEC. · Charbonnet v. Gerace · Chapman v. Division of Emp. SEC. of Dept. of Labor · Wilkerson v. State, Office of Employment SEC. · Washington v. Sumrall

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “DISQUALIFICATIONS FOR BENEFITS. An individual shall be disqualified for benefits: * * * * * * (10)(a) If the administrator finds that he has been discharged by a base period or subsequent employer for the use of illegal drugs. For purposes of this Paragraph, "misconduct" shall include discharge for either on or off the job use of a nonprescribed controlled dangerous substance as defined in 21 U.S.C. 812 Schedules I,II,III,IV, and V. In order to support disqualification for drug use under this provision, the employer must prove the employee's use of the controlled dangerous substance only by the preponderance of the evidence. In meeting this burden, the only results of employer-administered tests that shall be considered admissible evidence are those that are the result of the testing for drug usage done by the employer pursuant to a written and promulgated substance abuse rule or policy established by the employer. * * * * * * c) All sample collection and testing for drags under this Chapter shall be performed in accordance with the following conditions: (i) The collection of samples shall be performed under reasonable sanitary conditions. (ii) Samples shall be collected and tested with due regard to the privacy of the individual being tested, and in a manner reasonably calculated to prevent substitution or interference with the collection or testing of reliable samples. (iii) Sample collection shall be documented, and the documentation procedures shall include: (aa) Labeling”
    1 later decision quote this exact passage
  2. “is intentional wrong behavior. Banks v. Administrator of Employment Security, 393 So.2d 696 (La.1981). Because of the beneficial purpose of unemployment compensation, the term”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.