Case Conclusion Date: January 28, 2010
Practice Area: Employment / Labor
Outcome: Plaintiff's breach of contract judgment affirmed
Description: On remand from WV Supreme Court in Benson I, a jury trial was conducted on the issue of the reason for Plaintiff's termination. Jury determined that Plaintiff was terminated for failing a drug test, but not for dishonesty. Trial court entered judgment for Plaintiff on breach of contract, in compliance with Benson I. On appeal to WV Supreme Court, the trial court judgment for Plaintiff was affirmed in Benson II.