CLARK COUNTY SCH. DIST. v. BUNDLEY

No. 46725.

148 P.3d 750 (2006)

CLARK COUNTY SCHOOL DISTRICT, Appellant, v. Harriet BUNDLEY and Employment Security Division, Department of Employment, Training and Rehabilitation, Respondents.

Supreme Court of Nevada.

December 28, 2006.


Attorney(s) appearing for the Case

L. Steven Demaree, Assistant General Counsel, Las Vegas, for Appellant.

Kummer Kaempfer Bonner Renshaw & Ferrario and J. Thomas Susich, Carson City, for Respondents.

Before BECKER, HARDESTY and PARRAGUIRRE, JJ.


OPINION

PER CURIAM.

In this appeal, we clarify that when an employer asserts that a former employee's misconduct disqualifies her from receiving unemployment benefits, the employer bears the burden of demonstrating that the employee's discharge was due to disqualifying misconduct. The employer may do this by making an initial showing of willful misconduct related to the employment. To avoid being disqualified...

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