Legal Opinion

Wagstaff v. Department of Employment Security

Court of Appeals of Utah

Decided February 6, 1992No. 900436-CAPublishedCited by 7 opinions

1Opinion of the Court

OPINION

ORME, Judge.

Petitioner, a former Air Force employee discharged for drug use, challenges a decision of the Board of Review of the Industrial Commission denying him unemployment compensation benefits. Petitioner claims that, since Air Force disciplinary regulations in effect at the time of his drug use did not sanction discharge of first-time offenders, he was not terminated for just cause. We disagree and affirm.

FACTS

Petitioner, Dennis L. Wagstaff, began working at Hill Air Force Base (HAFB) as a store checker in 1978. After receiving several promotions and a “secret” security…

2Cases cited9 opinions

  1. Morton International, Inc. v. Auditing Division of the Utah State Tax CommissionUtah Supreme Court · 1991
  2. Johnson v. Department of Employment SecurityCourt of Appeals of Utah · 1989
  3. Kehl v. Board of Review of the Industrial CommissionUtah Supreme Court · 1985
  4. Department of the Air Force v. SwiderCourt of Appeals of Utah · 1991
  5. Yacht Club v. Utah Liquor Control CommissionUtah Supreme Court · 1984

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Albertsons, Inc. v. Department of Employment SecurityCourt of Appeals of Utah · 1993
  2. Gibson v. Department of Employment SecurityCourt of Appeals of Utah · 1992
  3. Tasters Ltd. v. Department of Employment SecurityCourt of Appeals of Utah · 1993
  4. Fieeiki v. Department of Workforce ServicesCourt of Appeals of Utah · 2005
  5. Hoskings v. Industrial CommissionCourt of Appeals of Utah · 1996

2 more not listed; retrieve them via the Exa API.

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