# Beverly v. Sumrall

> Louisiana Court of Appeal · December 9, 1981 · 408 So. 2d 14

URL: https://www.frixlaw.com/law-library/cases/7515042

## Case

- **Full name:** Calvin BEVERLY v. Herbert SUMRALL, In his Official Capacity as Assistant Secretary for the Office of Employment Security of the Department of Labor, and Dixie Mill Supply Company, Inc.
- **Court:** Louisiana Court of Appeal
- **Decided:** December 9, 1981
- **Citations:** 408 So. 2d 14; 1981 La. App. LEXIS 5679
- **Precedential status:** Published
- **Opinion:** Dissent by Redmann
- **Judges:** Klees, Redmann, Schott
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7515042

## Opinion text

REDMANN, Judge,
dissenting.
Our plaintiff employee told the Employment Security, office, in his application on the day he made his claim for unemployment benefits, that he was fired for “not being able to be found ... in warehouse .... I was fired cause no one knew where I was.” In his employer’s words on *16 the written “employee change report” given to plaintiff, the reason for the firing was “could not find [plaintiff] Calvin since he punched in after lunch. [Supervisor] Chris Villa looked for him twice at all locations. [Co-employee] Willie Montgomery did not know where he was. Calvin claims he was in truck. May have been sleeping in truck.”
In that context, the administrative agent’s notice of disqualification (R.S. 23:1625) on grounds of “sleeping while on duty” may have been objectionable as inaccurate but cannot have misled plaintiff into supposing that he was fired for any other incident than the one described in the “employee change report.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7515042. Public record. Not legal advice.