National Gypsum Co. v. Kansas Employment Security Board of Review

The opinion of the court was delivered by

Lockett, J.:

Employer, National Gypsum Co. (NGC), appeals the Barber County District Court’s affirmance of a decision of the Kansas Employment Security Board awarding unemployment benefits to employee, Randell Porter. The district court found that the employee’s failure to pass a drug screen test did not disqualify him from receiving unemployment benefits since the failure to pass the test did not amount to “[wjillful and intentional action which is substantially adverse to the employer’s interests” as required by K.S.A. 1988 Supp. 44-706(b)(l)(A) of…