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HABBEN v. G.F. BUCHE CO., INC.

No. 22965.

677 N.W.2d 227 (2004)

2004 SD 29

Valerie HABBEN, Claimant and Appellee, v. G.F. BUCHE CO., INC., Employer and Appellant.

Supreme Court of South Dakota.

Decided March 3, 2004.

Attorney(s) appearing for the Case

John D. Jacobsen of Willoughby, Benson and Jacobsen, Burke, South Dakota, Attorneys for claimant and appellee.

Drew C. Johnson, Aberdeen, South Dakota, Attorney for appellee Dept. of Labor.

George F. Johnson of Johnson, Eklund, Nicholson & Peterson, Gregory, South Dakota, Attorneys for employer and appellant.

ZINTER, Justice.

[¶ 1.] Valerie Habben worked at a grocery store owned by G.F. Buche Co., Inc. (R.F. Buche, President; hereafter Buche or Employer). After a bank deposit was discovered missing, Habben was accused of taking the money and told that she had to admit the theft or she should leave. Habben did not return to work after the accusation. A hearing examiner and the circuit court awarded unemployment benefits, concluding that Habben did not voluntarily leave...

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