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STEVEN R. MERRIOTT SSN 545-64-0385 Claimant-Respondent
vs.
SHEARER LUMBER PRODUCTS Employer-Appellant and STATE OF IDAHO DEPARTMENT OF EMPLOYMENT Defendant-Respondent.
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Issues:
Marijuana, reasonable suspicion, off-duty conduct, random testing, policy and procedure. unemployment benefits.
Case Summary:
Officials at Shearer Lumber Products appeal the decision of a state review board that grants unemployment benefits to a former employee who posted a positive result in a company drug test. Steven Merriott, a part-time employee with Shearer Lumber Products, posted a positive result for marijuana in a company-ordered test. Merriott was dismissed for misconduct. Company officials contend Merriott admitted using marijuana off duty. The officials considered this a violation of the company's policy against substance abuse in the work place. Merriott applied for unemployment benefits.
Decision of lower jurisdiction:
The Idaho Industrial Commission awarded benefits to Merriott. The commission noted there was no evidence indicating that Merriott's off-duty drug use affected his performance at work. The commission also noted that the company's policy permitted testing full-time employees when they displayed suspicious behavior. The company now appeals.
Outcome:
The company loses. The Idaho Supreme Court affirmed the decision of the state's Industrial Commission.