In re the Claim of Rios

Claimant was employed by a bus company. He was discharged from his position for smoking marihuana on his employer’s premises. The Board denied claimant’s application for unemployment insurance benefits on the basis that he was terminated for misconduct. Claimant challenges the Board’s decision, arguing that it is not supported by substantial evi*761dence. We disagree. An individual hired by the employer to investigate drug use in the workplace testified that he was familiar with marihuana and observed claimant and another employee roll a marihuana cigarette in the locker room and step outside to…