Appeal of Tennis

The plaintiff, Kerry Tennis, appeals the decision of the New Hampshire Départment of Employment Security (DES) that he is ineligible for unemployment benefits as of April 1, 2001. Tennis argues that the decision contravenes the statutory scheme for determining unemployment insurance, involves improper administrative rulemaking, and violates due process. We reverse.

Tennis worked for Compaq Computer Corp. (Compaq) for sixteen years. On March 27,2000, Compaq notified him that his “last day of work” would be March '31, 2000. Tennis did not come to work, or perform any employment-related services…