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Baker v Hancor, Inc 12.107

Section 29(1)(b)

MISCONDUCT, Drug testing, Evidence, Hearsay

CITE AS: Baker v Hancor, Inc, Saginaw Circuit Court No. 93-57541-AE (October 31, 1994).

Appeal pending: No

Claimant: Michael Baker

Employer: Hancor, Inc.

Docket No. B92-25032-124242

CIRCUIT COURT HOLDING: The employer must establish a foundation for the admission of a document purporting to show the claimant's drug test result when the sole basis for the discharge was the claimant's alleged positive drug test.

FACTS: The employer discharged the claimant solely for testing positive on a random drug screen for marijuana and cocaine, a violation of the employer's substance abuse policy. The employer conceded the claimant's off-duty drug use did not affect the claimant's job performance. The Referee admitted, over the claimant's objection, hearsay evidence regarding the test results, as well as the test result.

DECISION: The claimant is not disqualified for benefits.

RATIONALE: "A proper foundation must be laid for admitting documentary evidence at a MESC hearing. See generally, Vulcan Forging Co v Employment Security Comm, 368 Mich 594 (1962). In this case, the referee admitted the report without proper foundation being laid." The employer failed to present a witness with personal knowledge to testify how the test was performed. The evidence that the claimant ingested drugs in violation of the employer's policy was inadmissible.


24, 17, d12: N/A

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