STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

STEVEN A DANTZLER, Employee

CORPORATE EXPRESS OFFICE PRODUCTS INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 01604409MW


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employee worked about ten and one-half years as an order filler for the employer, an office supply business. His last day of work was April 17, 2000 (week 16) when he voluntarily terminated his employment.

On April 16 the employee had a slight accident with a forklift. The employer had eliminated any authorized overtime and the employee was attempting to finish an order. The following day the employer told the employee that he had to go for a drug test. The employee complied. When he returned, he informed the supervisor that he knew the drug test would come back positive for marijuana. The supervisor indicated that he had two alternatives, he could quit and protect his record or wait for the report to come back and if it was positive for drugs, he would be discharged. The employee then submitted his resignation.

The issue to be decided is whether the employee's quitting was for any reason that would permit the immediate payment of unemployment benefits.

The employee quit because he was believed that marijuana consumed several weeks before the drug test would still be reported out on a drug test. While marijuana metabolites might be detectable after that period of time, they would not be at a level that would meet the base level and as such would likely never be reported out as a positive drug test. The employee quit because of that mistaken understanding. The employee's quitting was then for personal reasons and not with good cause attributable to the employer or for any other reason that would allow the immediate payment of unemployment benefits.

The commission therefore finds that in week 16 of 2001, the employee terminated work with the employing unit, within the meaning of Wis. Stat. § 108.04(7)(a), and that his quitting was not for any reason constituting an exception to that section.

DECISION

The decision of the administrative law judge, as modified, is affirmed. Accordingly, the employee is ineligible for benefits beginning in week 16 of 2001, and until four weeks have elapsed since the end of the week of quitting and the employee has earned wages in covered employment performed after the week of quitting equaling at least four times the employee's weekly benefit rate which would have been paid had the quitting not occurred.

Dated and mailed September 5, 2001
dantzst . urr : 132 : 1  VL 1005

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner


cc: Corporate Express, Inc. (Wisconsin)


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uploaded 2001/09/10