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VLASIC FOODS INTERN. v. LECUONA

No. A-99-765.

618 N.W.2d 403 (2000)

260 Neb. 397

VLASIC FOODS INTERNATIONAL, appellant, v. Fernando LECUONA III, Commissioner of Labor, State of Nebraska, et al., appellees.

Supreme Court of Nebraska.

September 22, 2000.

Attorney(s) appearing for the Case

Timothy D. Loudon and David D. Gale, of Berens & Tate, P.C., Lincoln, for appellant.

Thomas F. Dowd, of Dowd & Dowd, Omaha, for appellees United Food and Commercial Workers Local 271.

John F. Sheaff and John H. Albin, Lincoln, for appellee Fernando Lecuona III.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

Vlasic Foods International (Vlasic) appeals from a district court order affirming an appeal tribunal decision which sustained a grant of unemployment insurance benefits for Vlasic employees who were required to take vacation during an annual shutdown. We conclude that employees who agree to take their vacation at a specific time, with the expectation of continued employment, are not unemployed under Nebraska's Employment Security Law, Neb.Rev.Stat. &...

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