Here’s a step you can take to guard against challenges to your drug-testing procedures. When you tell an employee he failed the test, get him to admit he used drugs. That can ensure he doesn’t receive unemployment compensation.
Recent case: Machinist Kevin Greer was fired after a drug test suggested he had used cocaine. When confronted, Greer admitted to his employer that he had used the drug at a party a week earlier.
When Greer applied for unemployment, the employer filed a challenge since Greer knowingly violated its drug and alcohol policy. But there were problems with the test. That didn’t mean Greer got the benefits, however.
The court used his admission as proof he broke the company’s no-drugs rule. (Greer v. Unemployment Compensation Board of Review, No. 1863 C.D. 2009, Commonwealth Court of Pennsylvania, 2010)