Appeal of Motuzas

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 woman entered the Sam’s Club store in Hudson and stole two 32-inch televisions together valued at approximately $3000. According to Sam’s Club, the…