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RONNIE DOWDY TRUCKING SERVICE, INCORPORATED, APPELLANT
vs.
DIRECTOR, ARKANSAS EMPLOYMENT SECURITY DEPARTMENT AND GEORGETTA HUNTER, APPELLEES
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Issues:
Drug testing, evidence, policy and procedure, unemployment benefits.
Case Summary:
Officials at Ronnie Dowdy Trucking Service, Inc., appeal a benefits review board's decision in a dispute involving unemployment benefits. The company fired Georgetta Hunter for posting a positive result for marijuana in a company drug test. Hunter denied using drugs and requested permission to complete a second test. The company refused. Hunter subsequently filed for unemployment benefits. The company failed to attend a hearing on Hunter's application. A benefits officer ruled there was insufficient evidence to support the company's challenge to Hunter's application and granted her unemployment benefits. The state rejected the company's first appeal. The company then appealed to the state's review board for unemployment benefits.
Decision of lower jurisdiction:
The benefits review board affirmed the previous rulings. The board refused to reopen the case. The company now appeals.
Outcome:
The company loses. The Arkansas Court of Appeals affirmed the board's decision not to reopen Hunter's case. The court ruled the company had an opportunity to present its arguments at the original hearing, but failed to attend.