W. Ky. Coca-Cola Bottling Co. v. Runyon
Annotate this CaseEmployee was discharged from his employment for unexcused absences, chronic tardiness, and leaving work without providing a reason. Employee filed for unemployment benefits. The Division of Unemployment Insurance granted benefits, determining that Employee had not been discharged for misconduct. The Unemployment Appeals referee disagreed and set aside the decision. The Kentucky Unemployment Insurance Commission reversed. Employer appealed by filing a complaint against the Defendant and Employee. Because Employee never responded, the circuit court entered a default judgment against Employee and simultaneously entered an order affirming the decision of the Commission. The court of appeals affirmed. The Supreme Court reversed, holding (1) because Employee was not required to answer Employer's complaint, default judgment was not proper under these circumstances; (2) the evidence established that Employee knowingly violated Employer's attendance policy, and thus, Employee should have been disqualified from benefits on this basis. Remanded.
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