CHERRY v. SUBURBAN MFG. CO.


745 S.W.2d 273 (1988)

Dennis J. CHERRY, Plaintiff/Appellee, v. SUBURBAN MANUFACTURING COMPANY and Rayburn Traughber, Commissioner of the Tennessee Department of Employment Security, Defendants/Appellants.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied February 16, 1988.


Attorney(s) appearing for the Case

Webb A. Brewer, Memphis, for plaintiff/appellee.

W.J. Michael Cody, Atty. Gen. & Reporter, Mary Kendall Kallaher, Asst. Atty. Gen., Nashville, for defendants/appellants.


OPINION

HARBISON, Chief Justice.

In this unemployment compensation case appellee was denied benefits because he breached the terms and conditions of an agreement with his employer under which he was given an unpaid leave of absence for the purpose of undergoing a rehabilitation program for drug abuse. He failed to take the treatment and was discharged.

At all levels of the administrative proceedings it was held that appellee had been discharged for...

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