Clark County School District v. Bundley

OPINION

In this appeal, we clarify that when an employer asserts that a former employee’s misconduct disqualifies her from receiving unemployment benefits, the employer bears the burden of demonstrating that the employee’s discharge was due to disqualifying misconduct. The employer may do this by making an initial showing of willful misconduct, related to the employment. To avoid being disqualified from receiving benefits, the former employee must then demonstrate that the nature of the misconduct was not of the type for which disqualification is warranted.

In this case, the administrative…