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Georgia-Pacific Corp. v. Ivey

Denial of unemployment compensation reinstated because the employee's admitted violation of his employer's anti-drug policy justified his discharge.

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In these unemployment compensation appeals, we decide whether an employer must comply with the procedures set forth in the drug-free workplace program statute OCGA § 34-9-412 et seq. in order to prove just cause for discharging an employee. We hold that an employee who violates his employer’s anti-drug policy may be disqualified from receiving unemployment benefits, even though the employer has not met the statutory requirements for establishing a drug-free workplace program.

Georgia-Pacific Corporation had a policy prohibiting its employees from reporting for work while under the influence of drugs. The policy was included in Georgia-Pacific’s employee handbook, a copy of which was given to Johnny Ivey, a saw operator for Georgia-Pacific. No written policy informed employees about random drug testing, though Georgia-Pacific had generally informed its employees that random drug testing would begin sometime in 1998.

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