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WILLAMETTE GRAYSTONE, INC., Petitioner,
vs.
GERALD D. HAMMOND and EMPLOYMENT DEPARTMENT, Respondents.


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Issues:
Marijuana, unemployment benefits, evidence, misconduct, policy and procedure.
 
Case Summary:
Officials at Willamette Graystone, Inc., appeal a state board's decision to grant unemployment benefits to an employee who was dismissed for violating the company's drug policy. After working for some time as a delivery driver for the company in a temporary capacity, the affected employee was granted regular, full-time employee status. A short time later, company officials asked the worker to submit a urine sample for drug analysis. The worker complied with the instruction, and the sample tested positive for marijuana. Company officials placed the worker on a "last chance" agreement, stipulating that a second positive drug test would lead to termination. The worker subsequently tested positive. The company terminated his employment and challenged the worker's application for unemployment benefits.
 
Decision of lower jurisdiction:
The state's Employment Appeals Board overruled the decision of an administrative law judge and granted unemployment benefits to the worker. The EAB ruled the company failed to prove the employee reported to work under the influence of alcohol or drugs, which company policy prohibited. The EAB also ruled the company failed to show that a confirmation test had been performed on the worker's urine sample. The company now appeals.
 
Outcome:
The company loses. The Oregon Court of Appeals affirmed the decision of the lower jurisdiction. The court stated the EAB made no reversible error in addressing the case.