Drug test, unemployment benefits.

Fred Weller appeals the decision of a state review that revoked his unemployment benefits. Weller, a 12-year employee of Blue Circle Atlantic, Inc., voluntarily complied with his employer's mandatory drug testing program. Though Weller had never been convicted of any drug related offenses or had ingested drugs or other intoxicants on company grounds, he was fired from his job after testing positive for marijuana. Weller filed a claim for unemployment benefits with the Arizona Department of Economic Security. Weller disputes the company's claim that he was terminated for misconduct. Weller received unemployment benefits.

Blue Circle appealed to the DES Tribunal, but the judgment in Weller's favor was upheld. The company appealed a second time to the DES Appeals Board and Weller's claim was revoked. The board agreed with Blue Circle's position that Weller's test results indicated a violation of company policy.

Weller wins. The Court of Appeals, with the presiding judge dissenting, reversed the state agency's appeals board. The court held that Blue Circle failed to meet the burden of proof in the case. A positive test result, the court reasoned, is purely subjective. Moreover, a violation of a company rule does not disqualify the claimant from receiving unemployment benefits, the court stated.