Nickless v. Saint Gobain Containers, Inc.

Background and Procedural History

Randy Nickless (Employee) challenges the Labor and Industrial Relations Com mission’s (Commission) denial of unemployment benefits. Employee claims that there was not substantial evidence to support the Commission’s findings of fact, and that his actions, or more accurately his inactions, did not amount to misconduct.

Prior to his discharge, Employee had been employed at Saint Gobain Containers (Employer) as a warehouse drive loader since September 1981. On 3 April 2010, Lisa Steiner, the director of human resources at Saint Gobain, found Employee asleep in an…