Unemployment benefits, reasonable suspicion, cocaine, safety, marijuana, policy and procedure, return to duty.

Larry Crain appeals a lower court's ruling that upholds a state commissioner' rejection of his application for unemployment benefits. After testing positive for cocaine and marijuana in a company-mandated drug test, Crain was enrolled in a drug treatment program. Upon his successful completion of the program, Crain was allowed to return to duty on condition that he remain drug free. Crain accepted the terms of a "last-chance" agreement with the company. Some time later, Crain was involved in a series of costly incidents that damaged company property. Crain's supervisors ordered him to submit to a drug test. Crain posted a positive result and subsequently was dismissed for misconduct and for violating the terms of his agreement. Crain applied for unemployment but his application was rejected on the grounds that he was dismissed for misconduct. Crain appealed the rejection of his benefits application.

The King County Superior Court affirmed the ruling of the state's unemployment benefits commissioner and ruled that Crain was disqualified from receiving benefits. Crain now appeals.

Crain loses. The Washington Court of Appeals affirmed the rulings of the lower jurisdictions. The court ruled it found no evidence indicating the lower jurisdictions erred in their rulings.