Refusal To Take Drug Test Is Disqualifying Misconduct For Unemployment Purposes

Matter of McNeil v Commissioner of Labor, ____A.D.3d____(3d Dep't Nov. 17, 2011). As the court states:

An employee's failure to abide by an employer's established policy can constitute disqualifying misconduct, particularly when it has a detrimental effect on the employer's interests (see Matter of Sealey [Commissioner of Labor], 81 AD3d 1022, 1023 [2011]; Matter of Brauneisen [GEICO Ins. Co.—Commissioner of Labor], 72 AD3d 1381, 1382 [2010]). Here, substantial evidence supports the Board's determination inasmuch as claimant testified that he was aware of the employer's policy, had been warned that noncompliance would be grounds for termination and refused to submit to a drug test nonetheless (see Matter of Jenkins [City of N.Y.–Commissioner of Labor], 27 AD3d 863, 864 [2006]; Matter of Ramsey [Fairview Recovery Servs., Inc.–Commissioner of Labor], 17 AD3d 949, 949-950 [2005]). 

Mitchell H. Rubinstein