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View Summary
 
Kevin R. JOHNSON, Petitioner
vs.
DEPARTMENT OF EMPLOYMENT SECURITY and Morton Thiokol Inc., Respondents


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Issues:
Unemployment benefits, post-accident testing, policy and procedure, marijuana, random testing.
 
Case Summary:
Kevin Johnson, a former employee of Morton Thiokol, Inc., appeals the ruling of a state review board that denied him unemployment benefits. Johnson was involved in an accident while driving a company vehicle. Established company policy required Johnson to submit to a post-accident drug test. He posted a positive result for marijuana and was placed on probationary status. While on probation, Johnson produced a positive result in a random drug test. The company dismissed him. Johnson's application for unemployment benefits was approved, but the company challenged the award. An administrative law judge reviewed the case and upheld the award. The company appealed to a state review board.
 
Decision of lower jurisdiction:
A review board of the state's industrial commission reversed the decision of the administrative review judge. Johnson now appeals.
 
Outcome:
Johnson loses. The Utah Court of Appeals affirmed the ruling of the lower jurisdiction. The court ruled that Morton Thiokol dismissed Johnson for cause.