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WEYERHAEUSER COMPANY, Petitioner
vs.
EMPLOYMENT DIVISION and Michael D. Schilpp, Respondents
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Issues:
Drugs, return-to-duty testing, off-duty conduct, reasonable suspicion, unemployment benefits.
Case Summary:
The Weyerhaeuser Company appeals the decision of a state review board that granted unemployment benefits to a former employee. The company terminated Michael Schilpp's employment after he posted a positive result to a drug test. The drug screen was part of a return-to-work agreement Schilpp's had signed after completing a substance abuse treatment program.
Decision of lower jurisdiction:
The Oregon Employment Appeals Board granted benefits to Schilpp. The board said Schilpp's absenteeism and off-duty conduct did not constitute workplace misconduct. The company now appeals.
Outcome:
Weyerhaeuser loses. The Oregon Court of Appeals affirmed the review board's ruling.