Opinion
May 1, 1997
Appeal from the Unemployment Insurance Appeal Board.
Before being hired as a member of a mobile crew that cleaned floors, claimant was given a copy of the employer's drug testing policy and acknowledged that he had thoroughly read it. When the employer subsequently suspected drug use among the crew members, it requested that the entire crew, including claimant, submit to a drug test. Claimant refused and was subsequently terminated from his employment. We conclude that substantial evidence supports the Unemployment Insurance Appeal Board's decision disqualifying claimant from receiving unemployment insurance benefits. Claimant was fully aware of the employer's drug testing policy at the time he was hired. By refusing to submit to the drug test, claimant knowingly violated his employer's policy, thereby engaging in misconduct ( see, Matter of Grover [Waste-Stream — Sweeney], 233 A.D.2d 809, 810). We have reviewed claimant's remaining contentions, including his assertion that his human rights were violated, and find them to be lacking in merit.
Mikoll, J.P., Mercure, White, Casey and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.