Davenport v. STATE DEPARTMENT OF INDUSTRIAL RELATIONS

This is the second time that Nathaniel Davenport and the State Department of Industrial Relations have been before this court. Davenport was a party to an appeal filed by 49 employees who challenged their disqualifications to receive unemployment compensation benefits. For a full rendition of the facts seeDirector, State Dep't of Industrial Relations v. Jones,669 So.2d 170 (Ala.Civ.App. 1995).

During the prior appeal, Davenport learned that in June 1993, the Department had determined that he was ineligible for unemployment compensation benefits under § 25-4-77(a)(2), Ala. Code 1975, because he…