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Shirley Nelsen, Plaintiff and Appellant v. North Dakota Department of Transportation; and Central Personnel Di

Per Curiam.

[¶ 1] Shirley A. Nelsen appealed from a judgment affirming a Central Personnel Division order upholding the Department of Transportation's decision to terminate Nelsen's employment as the office manager in the Department's Williston District. Nelsen argues there is insufficient evidence to support the administrative law judge's findings that Nelsen knew a subordinate employee was going to, and did, communicate false information concerning another employee to the Director of the Department; that Nelsen failed to inform her superiors of the subordinate employee's actions; and that Nelsen's actions constituted serious misconduct for which progressive discipline is not required under N.D. Admin. Code § 4-07-19-04. We conclude the challenged findings are supported by a preponderance of the evidence. We further conclude Nelsen's argument that her termination from employment violates N.D.C.C. §§ 34-01-20 and 34-11.1-04 is without merit. We affirm the judgment under N.D.R.App.P. 35.1(a)(5).

[¶ 2] Gerald W. VandeWalle, C.J.

Dale V. Sandstrom

William A. Neumann

Mary Muehlen Maring

Carol Ronning Kapsner

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NELSEN v. DEPT. OF TRANSP
(May 6, 2003)