KIMBERLY A. SPARKMAN v. BURNS PHILLIPS, COMMISSIONER, TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, AND FIRST TENNESSEE BANK, N.A. - Articles

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Posted by: Brittany Sims on Jul 8, 2014

Court: TN Court of Appeals

Attorneys 1:

Kathryn Evans Moss, Nashville, Tennessee, and David Kozlowski, Columbia, Tennessee, for the Plaintiff/Appellant, Kimberly A. Sparkman.

Attorneys 2:

Robert E. Cooper, Attorney General & Reporter, and Derek C. Jumper, Assistant Attorney General, Nashville, Tennessee, for the Defendant/Appellee, Burns Phillips, Commissioner, Tennessee Department of Labor and Workforce Development.

Russell W. Jackson, Memphis, Tennessee, for the Defendant/Appellee, First Tennessee Bank (no brief filed).

Judge(s): KIRBY

This appeal involves the denial of unemployment compensation benefits. The petitioner was employed by the defendant bank. When the petitioner employee arrived for work, the employee’s supervisor smelled alcohol on her and asked her to take an alcohol test. The employee refused to take the alcohol test, and as a result her employment was terminated. The employee filed for unemployment benefits. The defendant commissioner held that the employee was discharged for work-related misconduct and was disqualified from receiving unemployment benefits, and the denial of benefits was affirmed in the administrative appeals process. The employee then filed the instant lawsuit for judicial review of the administrative decision. The trial court affirmed the agency’s decision, and the petitioner now appeals. Discerning no error, we affirm.

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