Random drug testing, drug treatment program, unemployment compensation benefits, hearsay

The City of Fort Lauderdale appeals the decision of the state's unemployment benefits review board concerning a city employee. With the help of the city, Vernon L. Moody, a Fort Lauderdale city employee, enrolled in an in-house hospital drug treatment program after the city became aware of his drug use. About two weeks after his enrollment, Moody was discharged from the program due to a disputed drug test result. Moody returned to work with the understanding that random drug tests would be conducted and that a positive test result would require his dismissal. A subsequent test suggested use of cocaine and Moody resigned/was fired. A claims adjudicator determined that Moody qualified for unemployment compensation, a decision the city appealed.

The Florida Unemployment Appeals Commission affirmed Moody's qualifications for benefits citing insufficient evidence of a positive test result.

Moody wins. The court of appeals deemed the lab report presented as evidence of Moody's drug use to be hearsay. The report was prepared by a laboratory hired by the city and no witnesses were presented to verify that the report was a business record of the laboratory.