Merck v. South Carolina Employment Security Commission

This is an appeal from the circuit court’s reversal of the Employment Security Commission’s determination that respondent (Merck) was disqualified under S. C. Code Ann. § 41-35-120(2) (Supp. 1984) 1 from receiving unemployment benefits for a ten week period. We reverse.

The Commission’s claims adjudicator initially determined that Merck had been discharged for misconduct under § 41-35-120(2) for attempted theft of his employer’s property and was therefore ineligible for benefits for twenty-six weeks. Merck appealed. After a hearing, the appeal tribunal reversed the finding of misconduct…