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Shotwell v Joe Ricci Dodge, Inc 12.101

Section 29(1)(b)

MISCONDUCT, Drug testing, Treatment program

CITE AS: Shotwell v Joe Ricci Dodge, Inc, Wayne Circuit Court No. 97-723063-AE (December 23, 1997).

Appeal pending: No

Claimant: Patrick Shotwell

Employer: Joe Ricci Dodge, Inc.

Docket No. B96-02274-140043W

CIRCUIT COURT HOLDING: The employee's failure to attend rehabilitation, when required to do so pursuant to a valid employer policy to remain in employment, is disqualifying under Section 29(1)(b).

FACTS: The employer required the claimant to attend an outpatient drug rehabilitation program after the claimant tested positive for marijuana on a random drug screen. The claimant initially agreed to attend the program. After the claimant missed the first meeting, the employer suspended him for two weeks and told the claimant he had to attend the program to keep his job. When the claimant failed to attend rehabilitation a second time, the employer discharged him.

DECISION: The claimant is disqualified for benefits under Section 29(1)(b).

RATIONALE: The employer had a random drug screening policy, under which an employee was required to attend rehabilitation if the employee tested positive for controlled substances. The claimant was aware of the policy. The claimant alleged he did not have to attend rehabilitation since he was attending Alcoholics Anonymous. The court found that was not relevant. The court found the employer's drug screening and rehabilitation policy was valid. The claimant argued the results of the drug screen were inadmissible hearsay. However the court concluded it did not have to reach that issue as the employer discharged the claimant for failing to attend rehabilitation and not a positive drug screen. "Whether the test results are admitted or not, there is still competent, material and substantial evidence to support the Board of Review's finding that the Appellant [claimant] engaged in misconduct for failing to attend rehabilitation."


21, 16, d12: B

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