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Marlo v. Dir., Ohio Dept. of Job & Family Servs.

Ohio Ct. App.April 19, 2021No. 2020-P-0082
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Case Details

Judge(s)
Wright
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal
State
Ohio

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful Termination

Outcome

The Court of Appeals affirmed the denial of unemployment compensation benefits, holding that Marlo was discharged for just cause after failing to provide an adequate urine sample for a DOT-required drug test.

Excerpt

ADMINISTRATIVE LAW - Unemployment Compensation Review Commission denial of unemployment benefits discharged for just cause Department of Transportation substance abuse test refusal to submit upon request insubordination Federal Motor Carrier Safety Regulations urine specimen outside acceptable temperature range failure to provide sufficient specimen evaluation from licensed physician.

What This Ruling Means

**What Happened** A Department of Transportation employee named Marlo was fired after refusing to take a required drug test. When Marlo applied for unemployment benefits, the Ohio Department of Job & Family Services denied the claim, saying he was fired "for just cause." During the drug testing process, Marlo's urine sample was outside the acceptable temperature range and he failed to provide enough specimen for testing. Federal regulations require transportation workers to submit to drug tests when requested by their employers. **What the Court Decided** The court sided with the state agency and upheld the denial of unemployment benefits. The court ruled that Marlo was indeed fired for just cause because he refused to comply with mandatory drug testing requirements that are legally required for transportation workers under federal safety regulations. **What This Means for Workers** This case shows that workers in safety-sensitive jobs, especially transportation, must comply with required drug testing or risk losing both their job and unemployment benefits. If your job requires drug testing under federal regulations, refusing to take the test can be considered "just cause" for firing, which typically disqualifies you from receiving unemployment compensation. Workers should understand their industry's testing requirements before refusing to participate.

This summary was generated to explain the ruling in plain English and is not legal advice.

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