Unemployment benefits, marijuana, cocaine, evidence, policy and procedure.

Officials with Great Lakes Chemical appeal a state board's decision to grant unemployment benefits to a former company employee. Company officials terminated Rickey Bailey's employment after an internal investigation charged Bailey with the alleged use of marijuana and cocaine on company property. Bailey denied using drugs and subsequently filed a claim for unemployment insurance benefits. An initial review of Bailey's claim concluded that he was dismissed for misconduct and was not eligible for benefits. Bailey appealed the decision.

Two state benefits review panels concluded there was insufficient evidence to deny unemployment benefits to Bailey. The panels reversed the ruling of the original hearing officer. The company now appeals.

The company loses. The Arkansas Court of Appeals, Division Two, affirmed the ruling of the state's review board. The appeals court ruled there was insufficient evidence to warrant a denial of unemployment benefits. The court also noted the review board acted appropriately in deciding the case.