Unemployment benefits, refusal, marijuana, drug test, employee assistance program, misconduct, MESC

Ronald A. Korczowski appeals a lower court ruling that affirms a decision of the Michigan Employment Security Commission to deny him unemployment benefits from his employer, Pollack Industries, after fellow employees testified they smoked marijuana with him. Korczowski did not take a drug test.

The MESC hearing referee ruled in favor of Pollack, noting that Korczowski's refusal to submit to a drug test "amounted to misconduct" under the Michigan Employment Security Act, and therefore disqualified him from receiving unemployment benefits. MESC board of review affirmed the referee's decision, and also noted that the evidence suggested Korczowski was intoxicated at work, and was grounds for dismissal.

Korczowski wins. The court of appeals reversed lower court ruling, noting that "the evidence of red, glassy eyes, even together with the fact that a witness testified that he observed claimant smoke marijuana, insufficient to prove intoxication." Since the MESC Board of Review did not base its decision on Korczowski's refusal to submit to a drug test, the appeals court remanded the issue of misconduct back to MESC Board of Review.