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McCourtney (P) was an accounts payable clerk at Imprimis (D) for over 10.5 years. P was an excellent employee until the birth of her child. The child suffered from numerous illnesses. The baby's father and other members of her family were unable to assist her with childcare. Due to these illnesses, P was frequently absent from work between January-May 1990. Eventually, P was suspended pending termination. D fired P for excessive absenteeism. P applied for unemployment compensation and was denied. P appealed that decision. Evidence at her appeal was that 99.9% of the time when she was absent, it was due to her sick baby. The board determined that P was dismissed for misconduct as she had some control over her absences. P appealed that ruling.

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