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SAYLER v. MONTANA DLI

No. DA 14-0035.

336 P.3d 358 (2014)

2014 MT 255

376 Mont. 369

Robert SAYLER, Petitioner and Appellee, v. MONTANA DEPARTMENT OF LABOR AND INDUSTRY, INSURANCE DIVISION, Respondent and Appellant.

Supreme Court of Montana.

Decided September 23, 2014.

As Amended October 21, 2014.

Attorney(s) appearing for the Case

For Appellant: Patricia L. Bik , Special Assistant Attorney General; Department of Labor and Industry; Helena, Montana.

For Appellee: Spencer T. MacDonald ; MacDonald Law Office, PLLC; Missoula, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 When Robert Sayler, owner and president of a Montana corporation, stopped paying himself a salary but continued working, he applied for and received unemployment assistance. To receive benefits, Sayler reported to the State of Montana Department of Labor and Industry (DLI) that he worked zero hours a week. DLI eventually determined that Sayler misrepresented the hours he worked and that Sayler was ineligible...

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