Legal Opinion

Fieeiki v. Department of Workforce Services

Court of Appeals of Utah

Decided September 22, 2005No. 20040368-CAPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM DECISION

ORME, J.

¶ 1 We have determined that “[t]he facts and legal arguments are adequately presented in the briefs and record!,] and the deci-sional process would not be significantly aided by oral argument.” Utah R.App. P. 29(a)(3). Moreover, the issues presented are readily resolved under applicable law.1

¶ 2 A termination for “just cause” requires three elements: culpability, knowledge, and control. See Utah Admin. Code R994 — 405-202 (2004). While knowledge and control were quite clearly established in this ease, the culpability element presents a somewhat closer question.…

2Cases cited5 opinions

  1. Johnson v. Department of Employment SecurityCourt of Appeals of Utah · 1989
  2. Kehl v. Board of Review of the Industrial CommissionUtah Supreme Court · 1985
  3. Gibson v. Department of Employment SecurityCourt of Appeals of Utah · 1992
  4. Lane v. Board of Review of the Industrial CommissionUtah Supreme Court · 1986
  5. Wagstaff v. Department of Employment SecurityCourt of Appeals of Utah · 1992

3Cited by4 opinions

  1. Carbon County v. Workforce Appeals BoardUtah Supreme Court · 2013
  2. Carbon County v. Department of Workforce ServicesCourt of Appeals of Utah · 2012
  3. Carbon County v. Department of Workforce ServicesCourt of Appeals of Utah · 2012
  4. Carbon County v. WFSVUtah Supreme Court · 2013

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