State, Employment Sec. Div. v. Murphy

Respondent pleaded guilty to possession of stolen property. Because he could not afford bail, Respondent was incarcerated for one year. Respondent was fired by Employer because of his unexcused absences caused by his incarceration. The Nevada Employment Security Division (ESD) and the ESD Board of Review concluded that Respondent was not entitled to unemployment benefits because, by admitting to the criminal conduct that caused his incarceration, Respondent committed disqualifying misconduct. The district court reversed, ruling that the only misconduct connected with work was Respondent’s absenteeism, which was insufficient to deny benefits. The Supreme Court reversed, holding that Respondent’s absence from work was directly caused by his criminal conduct, and therefore, Respondent was disqualified from receiving benefits under Nev. Rev. Stat. 612.385. View "State, Employment Sec. Div. v. Murphy" on Justia Law