This Law Firm Publication by Jackson Lewis P.C. discusses Eastham v. The Housing Authority of Jefferson County, in which an Illinois appellate court held that an employee's admission of off-duty marijuana use did not constitute misconduct sufficient to deny him unemployment benefits. The employer's workplace drug policy prohibited use of, possession of, consumption of or being under the influence of drugs while on the employer's premises or "while in the course of employment." The employee passed a random drug test but admitted to recent off-duty marijuana use and was discharged. He was denied unemployment insurance benefits by the Department of Employment Security (DES). The appellate court held that the DES was incorrect in reading the term "while in the course of employment" as prohibiting all drug use during the employee's tenure with the company (as the employer argued). The court noted that in workers compensation cases, Illinois courts have defined the phrase as referring to the period while the employee is performing employment duties. The Court did not determine whether the employee's discharge was justified, but his actions did not disqualify him from unemployment benefits.