Glide Lumber Products Co. v. Employment Division

Employer seeks review of EAB’s award of unemployment benefits to claimant, whom employer discharged after he tested positive for marijuana in a random drug test required by employer. The issue is whether an employe’s off-duty use of a controlled substance, in violation of his employer’s written rules, is “misconduct connected with work,” ORS 657.176(2)(a), when there is no evidence of on-the-job intoxication or impairment resulting from the drug use. EAB adopted the referee’s opinion, which held that the answer is no. We agree and affirm.

In late 1985, employer adopted an employe handbook…