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STEPHEN C. KIRKLAND, Appellant
vs.
UNEMPLOYMENT APPEALS COMMISSION ET AL., Appellee.
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Issues:
Unemployment benefits, refusal, random testing, policy and procedure
Case Summary:
Stephan Kirkland appeals a decision by a state review board that denied his application for unemployment benefits. Kirkland was dismissed from his job for refusing to participate in a random drug test. When told by a supervisor to report to the collection location, Kirkland said he didn't feel well and clocked out for the day. He was later dismissed for misconduct. Kirkland contends he was off the clock and not accountable to company policy. His original application for unemployment benefits was denied. He filed an appeal with a benefits review board.
Decision of lower jurisdiction:
The review board affirmed the decision to deny benefits to Kirkland. The board noted that Kirkland had previously participated in the random testing program and was aware of the company's expectations. Kirkland now appeals.
Outcome:
Kirkland wins. The Florida Court of Appeals, Fifth District, reversed and remanded the case for additional action.