High Court rejects Imperial Palace appeal in firing dispute

Thursday, Aug. 19, 1999 | 4:24 a.m.

THE ASSOCIATED PRESS

CARSON CITY - The state Supreme Court refused Thursday to overturn lower court rulings that favored three casino workers who were among 65 employees fired by the Imperial Palace in Las Vegas in 1997.

The high court rejected appeals by Imperial Palace lawyers seeking to overturn decisions granting unemployment benefits to George Hitchens, John Monday and Terry Ellis.

The three, who had all worked in the casino craps pit, were among employees fired for allegedly violating policies against hustling customers for tips and giving a cut to supervisors.

While the court said there was equivocal evidence, there also was substantial proof that the three didn't engage in any on-the-job misconduct.

The court added there was evidence that Hitchens, a pit boss, tried to discourage hustling but management rejected his suggestions. Justices added that Ellis, a floorman, didn't take a cut of the dealers' tips and told his supervisor when he suspected hustling. And in Monday's case, the dealer counseled a new dealer who offered him a tip and his failure to report the offer was "a good faith omission," the court said.