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JONES v. EMPLOYMENT SERVICES DIVISION, ETC.

No. 12789.

619 P.2d 542 (1980)

95 N.M. 97

Derk A. JONES, Petitioner-Appellant, v. EMPLOYMENT SERVICES DIVISION OF the HUMAN SERVICES DEPARTMENT, Respondent-Appellee.

Supreme Court of New Mexico.

November 18, 1980.

Attorney(s) appearing for the Case

Menig, Sager, Curran & Sturges, Bradley D. Tepper, Albuquerque, for petitioner-appellant.

C. Reischman, Human Services Dept., Albuquerque, for respondent-appellee.

OPINION

PAYNE, Justice.

Derk Jones was terminated from his job as a truck driver for alleged misconduct related to his work. He applied for unemployment compensation benefits. The Employment Services Division (ESD) denied Mr. Jones benefits based on a finding that he was discharged "for being absent from work and failing to properly notify" his employer. The appeal tribunal of ESD reversed the determination and granted benefits to Mr. Jones, finding the...

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