Durbin v. Department of Workforce Services, Workforce Appeals Board

Decision

¶ 1 John Durbin petitions for review of the Workforce Appeals Board’s (the Board) decision affirming the denial of unemployment benefits based on a finding that Durbin was discharged for just cause. We decline to disturb the Board’s decision.

¶ 2 A claimant is ineligible for unemployment benefits if he or she was discharged for just cause. See Utah Code Ann. § 35A-4-405(2)(a) (LexisNexis 2011). The determination of whether an employer had just cause to terminate an employee is a mixed question of law and fact. See Smith v. Workforce Appeals Bd., 2011 UT App 68, ¶ 9, 252 P.3d 372. This…