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HALE v. NEELEY

No. E2010-00475-COA-R3-CV.

335 S.W.3d 599 (2010)

Albert J. HALE, v. James NEELEY, Commissioner, et al.

Court of Appeals of Tennessee, at Knoxville.

November 19, 2010.

Permission to Appeal Denied by Supreme Court April 13, 2011.

Attorney(s) appearing for the Case

Eric D. Miller , Johnson City, Tennessee, for the appellant, Albert J. Hale.

John M. Russell and Lauren A. Wong , Memphis, Tennessee, for the appellee, Wal-Mart Associates, Inc.

Robert E. Cooper, Jr. , Attorney General and Reporter, Michael E. Moore , Solicitor General, and Lindsey O. Appiah , Assistant Attorney General, Nashville, Tennessee, for the appellee, James Neeley, Commissioner, Tennessee Department of Labor and Workforce Development.

OPINION

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which CHARLES D. SUSANO, JR., J., and JOHN W. McCLARTY, J., joined.

Claimant, an employee of Wal-Mart, was charged with possession of cocaine and pled guilty to a misdemeanor possession, and was then discharged for violating company policy. Claimant was not at work nor on Wal-Mart's property when the offense occurred. The agency found...

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