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FREMONT HOTEL AND CASINO v. ESPOSITO

No. 18375.

760 P.2d 122 (1988)

FREMONT HOTEL AND CASINO, Appellant, v. Evelyn ESPOSITO, Nevada Employment Security Department, State of Nevada, Board of Review, Respondents.

Supreme Court of Nevada.

August 25, 1988.

Attorney(s) appearing for the Case

Smith & Kotchka, Scott Scherer and David A. Hintzman, Las Vegas, for appellant.

Jon L. Sasser, Justin Clouser, Las Vegas, Crowell, Susich, Owen & Tackes, Carson City, for respondents.

OPINION

PER CURIAM:

Evelyn Esposito, respondent, was employed as a cocktail waitress by the Fremont Hotel and Casino (Fremont) in Las Vegas, Nevada, on February 17, 1977. On August 2, 1985, she was terminated for alleged "misconduct," i.e. refusing to consent to an immediate drug and alcohol examination.

Ms. Esposito applied for unemployment benefits, and the Nevada Employment Security Department representative...

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