Pierce v. Iowa Department of Job Service

OXBERGER, Chief Judge.

Donnette Pierce is appealing the district court ruling affirming the agency decision which denied her unemployment benefits because she was terminated from her employment for misconduct. She asserts: (1) there was insufficient evidence to support the agency finding that her refusal to work beyond her regular shift was misconduct; (2) she did not engage in misconduct as a matter of law; and (3) as a matter of law, hearsay cannot constitute substantial evidence and support a finding that the employer has carried its burden of proof. We reverse and remand.

We find these…