Appeal BR-98096

Date:
Author:
BOR (Board of Review)

Car salesman was fired for failing random drug test, testing positive for marijuana. Claimant challenged reliability of test, pointing out that he should have but did not test positive for other drugs because of prescription medications he was taking. R/E finds that since employer had no knowledge of the test conditions and offered no evidence of the chain of custody of the urine sample, it failed to sustain its burden of proof. BR-98096 Advocate: Paul Schack, WMLS.

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