IN RE MOTUZAS

No. 2008-412.

972 A.2d 991 (2009)

Appeal of Julie MOTUZAS (New Hampshire Department of Employment Security).

Supreme Court of New Hampshire.

Opinion Issued: May 1, 2009.


Attorney(s) appearing for the Case

Franklin Pierce Law Center Civil Practice Clinic, of Concord (Mary Pilkington-Casey and Peter S. Wright, Jr. on the brief, and Mr. Wright orally), for the petitioner.

Littler Mendelson, P.C., of Boston, Massachusetts (Christopher B. Kaczmarek on the brief and orally), for the respondent.


DUGGAN, J.

The petitioner, Julie Motuzas, appeals a decision of the New Hampshire Department of Employment Security Appeal Tribunal (tribunal), which found that she was terminated by the respondent, Sam's East, Inc. (Sam's Club), for misconduct. On appeal, Motuzas argues that the tribunal based its decision upon impermissible grounds and violated her due process rights. We reverse.

The record supports the following facts. On October 3, 2005, an unidentified...

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