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HALL TANK COMPANY APPELLANT
vs.
DIRECTOR ARKANSAS EMPLOYMENT SECURITY DEPARTMENT APPELLEE
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Issues:
Post-accident testing, unemployment benefits, marijuana, policy and procedure, evidence, due process, chain of custody.
Case Summary:
Officials with the Hall Tank Company appeal a state board's decision to award unemployment insurance benefits to a former company employee. The company terminated Gary Farley's employment after he allegedly tested positive for marijuana in two consecutive post-accident drug tests. Farley denied using the drug, but admitted that he socialized with someone who regularly smoked marijuana in his presence. The company challenged Farley's application for unemployment benefits.
Decision of lower jurisdiction:
A state benefits review board ruled there was insufficient evidence to warrant a denial of Farley's claim for benefits. The board noted that no one signed the written reports on the analysis of Farley's two drug tests. The board noted other flaws in the reports. The company now appeals.
Outcome:
The company loses. The Arkansas Court of Appeals, Division Two, affirmed the decision of the state's benefits review board.