Man pushes for unemployment benefit after drug test

NORTH RANDALL, Ohio (WOIO) – A man is fighting for unemployment benefits after being fired due to a positive THC test during off-hours.

“It really depresses me, it makes me sad,” said William Hodge.

He says he was fired from Form Tech in April.

The incident stems from an accident at work in which the forklift driver said he accidentally hit his knee with a hammer.

He went to the hospital that same day and said he was told that he would not be able to work for the next few days due to his injury.

“The district manager forced me to go to the hospital and the next day she basically forced me to take a drug test,” Hodge said. “The next day they called me, I'm sitting at home and they forced me to take a drug test. If I hadn't taken the drug test, they would have fired me.”

He stated that he used marijuana when he knew he would no longer be able to work for pain management and that this led to him failing a drug test that he had taken out of service.

After his dismissal, he struggled to find full-time employment and was unable to receive unemployment benefits.

“I lost my apartment and my fiancé left me,” Hodge said.

So he called attorney Matthew Hurm, who called the case a “miscarriage of justice.”

He appealed the decision, arguing in his appeal before the Unemployment Compensation Review Commission that it was not a termination for cause because Hodge was not required to submit to a drug test more than 24 hours after a workplace accident.

19 News also contacted the Ministry of Labor and Family Support. A spokesperson said the ministry cannot comment on personal cases.

19 News also reached out to Form Tech and a spokesperson responded with a statement.

Company policy requires that any employee involved in a workplace accident be tested for certain drugs and/or alcohol. Any employee who tests positive for this drug test following an accident will be terminated, which is Ohio law.

“If someone doesn't come to work, you shouldn't pick them up from their home and force them to take a drug test. That's sad,” Hodge said.

He emphasizes that he was never under the influence of any substance during his working hours.

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