Baldor Electric Co. v. Reasoner

I respectfully dissent. The uncontra-dicted evidence in this case shows that Claimant violated Employer’s substance abuse policy. The toxicology report, certified by a medical review officer, who was a medical doctor, confirmed that Claimant tested positive for marijuana metabolite. Under Employer’s substance abuse policy, which was published to its employees, a confirmed, positive test result “shall be grounds for discipline, up to and including termination, even for the first offense.”

Although respondents have not favored this court with briefs, it is clear from the record that Claimant has…