Hohenstein v. State, Employment Security Division

Summary

The Nevada Supreme Court held that a guilty plea entered under NRS 453.3363 could not be used during the probationary period to establish misconduct-based grounds for denying unemployment benefits. Because the employer and Employment Security Division treated the plea as a felony conviction, the denial of benefits lacked substantial evidentiary support. The court reversed the district court and remanded for further proceedings without considering the guilty plea.

Holdings

1. A guilty plea entered pursuant to NRS 453.3363 may not be used during the probationary period to establish misconduct-based grounds for termination for purposes of denying unemployment compensation.
2. The ESD's decision denying benefits could not be upheld because its finding that Hohenstein was terminated for misconduct connected with his work relied on a felony conviction that did not exist and lacked substantial evidentiary support.

Questions Presented

1. Whether a guilty plea entered under NRS 453.3363 may be used during the probationary period to establish misconduct and deny unemployment benefits when the offender has not yet completed probation.
2. Whether the ESD's finding that Hohenstein was terminated for disqualifying misconduct connected with his work was supported by substantial evidence.

Disposition

reversed_and_remanded