Legal Opinion · Dissent
Dyer v. Nursecall Nursing & Rehabilitation/Irving Place Associates, LLC
Louisiana Court of Appeal
Decided May 8, 2013No. 47,927-CAPublished
1DissentWilliams, J.
| because the employer failed to satisfy its burden of proving intentional wrongdoing by the claimant, I respectfully dissent.
The employer bears the burden of proving by a preponderance of the evidence that the discharge resulted from disqualifying misconduct. Banks v. Administrator, Dept. of Employment Security, 393 So.2d 696 (La.1981); Brinson v. Adminis*692trator, Div. of Employment Security, 34,-988 (La.App.2d Cir.8/22/01), 793 So.2d 552. A violation of an employer’s rule does not per se constitute misconduct sufficient to disqualify a claimant from receiving unemployment benefits. Whether a…
2Cases cited5 opinions
- Banks v. ADMINISTRATOR OF DEPT. OF EMPLOYMENT SEC.Supreme Court of Louisiana · 1981
- Delta American Healthcare, Inc. v. BurgessLouisiana Court of Appeal · 2006
- Brinson v. Administrator, Division of Employment SecurityLouisiana Court of Appeal · 2001
- Lafitte v. Reliant Energy Resource Corp.Louisiana Court of Appeal · 2003
- Johnson v. DYKES OIL CO.Louisiana Court of Appeal · 2011