FDL Foods, Inc. v. Employment Appeal Board, Department of Inspections & Appeals

SACKETT, Judge.

We address the issue of whether appellee Employment Appeal Board was correct in finding respondent-appellee Michael J. Aird was entitled to unemployment benefits for a one-week period commencing October 10, 1988, and ending October 17, 1988. We find the agency was correct and agree with the trial court’s decision affirming the agency.

The facts are not disputed. On October 7, 1988, Aird was suspended for one week because of a large number of unexcused tardies. On October 10, 1988, while under suspension, Aird, with others because of a work shortage, was laid off work. The…