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West Virginia Supreme Court Update: Breach of Contract Recovery Upheld in Spite of Positive Drug Test

On Friday the Supreme Court of Appeals of West Virginia issued an opinion upholding a damages award to a former employee in a breach of employment contract case in spite of his discharge as a result of a positive test for cocaine.  As discussed below, this case demonstrates among other things the importance of careful drafting of employment contracts. Benson v. AJR, Inc. was filed ...