Marion Dortch v. Zoltek Corporation, and Division of Employment Security

**Worker Denied Unemployment Benefits After Refusing Drug Test** Marion Dortch was fired from Zoltek Corporation after refusing to take a drug test required by company policy. When Dortch applied for unemployment benefits, the state denied the claim, saying the firing was due to workplace misconduct. Dortch appealed this decision to the courts. The Missouri Court of Appeals upheld the state's denial of unemployment benefits. The court agreed that refusing to submit to a mandatory drug test counted as misconduct that justified termination. Dortch argued that the employer's drug testing policy was unfair or illegally enforced, but could not prove this claim. The court found that the company had the right to require drug testing and that Dortch's refusal was grounds for both firing and denial of unemployment benefits. **What this means for workers:** If your employer has a drug testing policy, refusing to comply can result in termination for misconduct, which typically disqualifies you from receiving unemployment benefits. Workers should understand their company's drug testing policies and the potential consequences of non-compliance. Simply disagreeing with a policy usually isn't enough to prove it was unfairly enforced.