City of Wichita v. Employment Security Board

Brazil, J.:

The City of Wichita (City) appeals a decision by the district court upholding an Employment Security Board of Review (Board) finding that Willie J. Kelly is entitled to unemployment benefits after his employment was terminated.

Kelly was employed by the City as a sewer maintenance worker. After several years of service, his employment was terminated because, according to the City, Kelly drank some beer while at work and had a history of absenteeism. Kelly was initially denied unemployment compensation pursuant to K.S.A. 1988 Supp. 44-706(b) because the examiner found he was…