STATE, EMP'T. SEC. DIV. v. MURPHY

No. 65681.

371 P.3d 991 (2016)

The STATE of Nevada EMPLOYMENT SECURITY DIVISION; Renee Olson, In Her Capacity as Administrator of the Employment Security Division; and Katie Johnson, In Her Capacity as Chairperson of the Employment Security Division Board of Review, Appellants, v. Calvin Steven MURPHY, Respondent.

Supreme Court of Nevada.

March 31, 2016.


Attorney(s) appearing for the Case

J. Thomas Susich and Neil A. Rombardo , State of Nevada Employment Security Division, Carson City, for Appellants.

Nevada Legal Services, Inc., and Ron Sung and I. Kristine Bergstrom , Las Vegas, for Respondent.

Before the Court En Banc.


OPINION

In this appeal, we are asked to consider whether an employee who is terminated because he or she misses work due to incarceration has committed disqualifying misconduct pursuant to NRS 612.385 and is thus not entitled to unemployment benefits. Based on the plain language of the statute and narrowly...

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