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RYMER FOODS INC. APPELLANT
vs.
DIRECTOR OF LABOR APPELLEE.
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Issues:
Unemployment benefits, post-accident testing, chain of custody, marijuana, policy and procedure.
Case Summary:
Officials at Rymer Foods appeal the decision of a state review board that granted unemployment benefits to a former employee who was dismissed for misconduct. Company officials terminates Michael Richey's employment after he posted a positive result in a post-accident drug test. Richey subsequently applied for unemployment benefits. The company contested the application, arguing that Richey had been dismissed for misconduct.
Decision of lower jurisdiction:
A state benefits review board approved benefits for Richey. The board concluded that the sample used in Richey's drug test was improperly handled and reviewed. Therefore, the court ruled, the results of the test could not be considered reliable. The company now appeals.
Outcome:
The company loses. The Arkansas Court of Appeals, Division One, affirmed the ruling of the lower jurisdiction.