Stone Forest Industries, Inc. v. Employment Division

Employer suspended claimant from his job after marijuana metabolites were found in claimant’s system in a drug test required by employer. Claimant applied for unemployment benefits. He admitted that he had smoked marijuana two or three days before the test. However, the test itself is incapable of revealing when the drug was ingested and, at the hearing on the claim, employer did not prove that claimant was under the influence of or impaired by the drug while on the job. The Employment Appeals Board (EAB) therefore concluded that the off-duty drug use was not connected with claimant’s work…