Jobless benefits for fired housekeeper at issue

Wednesday, May 23, 2001 | 10:53 a.m.

The Mirage hotel-casino sued to reverse a decision by the state Employment Security Department to award unemployment benefits to a housekeeper whom it said was terminated for allegedly assaulting a supervisor.

Mirage, in a petition filed in Clark County District Court, said the agency's decision to affirm a referee's findings to award unemployment insurance benefits to Doug Harrington was "erroneous, arbitrary and capricious."

The hotel-casino said Harrington has a "documented discipline history of being rude towards guests, employees and supervisors," and on Oct.9 allegedly "threw a folded shower curtain, striking a supervisor."

"While never charged, the actions of Harrington constituted an assault, which would deny him benefits," the suit said.

But an agency referee, in a Dec. 26 decision, ruled "the record does not support that (Harrington) intended harm to the supervisor or that his actions were willful. The employer was justified by discharging the claimant as they can not be held liable for an employee's volatile behavior, however in (Harrington's) case an element of wrongfulness sufficient to warrant a denial of benefits has not been established."

Harrington, in the referee's ruling, admitted he was angry with his supervisor, but denied throwing the curtain to hit her and claimed he was "aiming at a bag of soiled linen on the floor and the supervisor was simply in the line of fire."