9. Plaintiff/employee tested positive for marijuana use in a random drug test at work and was terminated for willful misconduct. At his unemployment compensation hearing, plaintiff presented undisputed testimony that he had inhaled secondary marijuana smoke while off duty. The employer was unable to refute this testimony.

Based on these facts, how should the court rule on plaintiff’s claim for unemployment compensation?

See Baldor Electric Company v. Reasoner [66 S.

W.3d 256 (Mo. App. 2001)].