Random drug test, marijuana, policy and procedure, reasonable suspicion, off-duty conduct, unemployment benefits.

The Glide Lumber company appeals the decision of a state review board that grants unemployment to a former company employee. Gregory Smith was terminated when he tested positive for marijuana in a random drug test. The company's policy clearly stated that the use of drugs or alcohol on company property was cause for discharge. Smith admitted using marijuana two to three weeks before the test sample was collected, but not while on duty at the company. Smith also told company officials that he submitted a friend's urine sample during the test. The company considered this an act of misconduct and terminated Smith's employment. Smith's original application for benefits was denied. He submitted an appeal to the Oregon Employment Appeals Board.

The EAB ruled that Smith's off-duty drug conduct did not constitute misconduct in the work place. The board noted that Smith displayed no behavior at work that might have indicated he was under the influence of drugs. The board granted unemployment benefits. Glide Lumber now appeals the decision.

Glide Lumber loses. The Oregon Court of Appeals affirmed the EAB's ruling.