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The court affirmed a decision that denied benefits to a claimant who was terminated from her employment after she arrived for work smelling of alcohol and refused the employer’s request that she take an alcohol test. The claimant had been warned previously, after a similar incident, that refusing to be tested would result in discharge. On review, the court noted that the only issue raised by the claimant was whether the trial court erred in concluding that her refusal to take an alcohol test constituted work-related misconduct under the pertinent statue. The court held that the fact that the employer’s written policies did not include a provision specifying that refusal to take an alcohol test could result in termination was of no consequence where the employee admitted that she was verbally informed of it. Her refusal to take the test was not in the best interest of the employer and constituted work-related misconduct under the unemployment statute (Sparkman v. DOLWD, Tenn. Ct. of App., Nashville, No. 10-228, July 7, 2014).
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