Unemployment benefits, random drug testing, misconduct, reasonable suspicion

AAA Gold Coast Moving and Storage Inc. appeals an Unemployment Appeals Commission ruling that granted employee Helen W. Weiss compensation benefits. Weiss was fired for refusing to submit to a drug test, which the company implemented two years after she was hired.

The commission's referee had ruled in favor of Weiss, noting that the implementation of the drug-free workplace policy was a substantial violation of the conditions of the claimant's employment. Weiss' refusal to submit to a drug test did not constitute misconduct, the referee noted, because drug testing was not in effect at the time Weiss was hired.

Weiss wins; Florida Court of Appeal affirmed UAC ruling, noting that since no drug policy existed at the time Weiss was hired, Gold Coast had no right to expect [Weiss] to submit to drug testing. Appeals Court further noted that Gold Coast's reasonable suspicion could circumvent that rule, but found no record evidence to support such a finding.