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SILVERTON FOREST PRODUCTS CO., Petitioner
vs.
EMPLOYMENT DIVISION and MELVIN D. ARRANT, Respondents
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Issues:
Unemployment benefits, drug test, cocaine, policy and procedure.
Case Summary:
The Silverton Forest Products Company appeals a decision that grants unemployment benefits to a former employee who was dismissed for testing positive for illegal substances. The employee was dismissed from the company after testing positive for cocaine in a company-required drug test. The former employee applied for unemployment benefits. The company contested his application on the grounds that he was dismissed for misconduct.
Decision of lower jurisdiction:
A state benefits board of appeals granted Arrant unemployment benefits. The company now appeals.
Outcome:
The company loses. The Oregon Court of Appeals affirmed the finding of the benefits board of appeals and upheld an award of unemployment benefits. The court ruled that the company based its decision to terminate the employee on the test results, not on the employee's job performance or on-duty conduct.