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BEKAERT STEEL AND WIRE APPELLANT
vs.
DIRECTOR ARKANSAS EMPLOYMENT SECURITY DEPARTMENT APPELLEE
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Issues:
Unemployment compensation, drugs
Case Summary:
Bekaert Steel and Wire appeals a decision of a state review board that awarded benefits to a former employee of the company. An employee was dismissed on charges of misconduct after posting a positive result in a drug test. The company contends the employee's positive test result is proof he violated the company's stated policy against drugs.
Decision of lower jurisdiction:
When the company failed to produce the test results, a review board of the Arkansas Employment Security Department ruled there was insufficient evidence to support its argument.
Outcome:
The company loses. The Arkansas Court of Appeals, Division One, affirmed the decision of the state review board. The court said the company lacked sufficient evidence to support its position.