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GEORGE'S INC. Appellant
vs.
DIRECTOR EMPLOYMENT SECURITY DEPARTMENT AND JIMMY DON WILSON APPELLEES
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Issues:
unemployment compensation, post accident testing, policy and procedure.
Case Summary:
George's, Inc. appeals a lower jurisdiction's ruling that awarded unemployment benefits to a former employee. The company contends benefits should not be extended to the employee because he was dismissed for misconduct. The employee tested positive in a post-accident drug test. The employee had signed a company policy that stated a positive drug test was cause for dismissal.
Decision of lower jurisdiction:
The Arkansas Board of Review ruled there was insufficient evidence to support the company's contention that the employee was dismissed for misconduct. The board awarded unemployment benefits.
Outcome:
George's, Inc. loses. The Arkansas Court of Appeals affirmed the decision of the state's review board.