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BOR 109099

BOR (Board of Review)

The employer's rules prohibited reporting for work with an "illegal drug in the employee's system, in any amount." The claimant smoked marijuana on a day off and was discharged for testing positive for marijuana on a urinalysis administered at work the following day. She was the only known violator of the rule. The Board ruled that she should not be disqualified as having been discharged for violation of a reasonable and uniformly enforced rule for two reasons: (1) there was no evidence that she was under the influence of marijuana while on duty or that her use of marijuana impacted the employer in any way; and (2) since the claimant was the only known violator of the rule and the only person ever disciplined under it, there was insufficient evidence to prove uniform enforcement.

SCCLS case.

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