Doughty v. Review Board of the Department of Workforce Development

I believe Schwab's company rule against "fighting and assaulting" is too vague to sustain Doughty's discharge. A review of the various company rules included in the exhibits indicates the rules relate to conduct that takes place on the work premises. If we extend beyond the work premises the employer's prohibition against "fighting and assaulting," I believe we misapply our own precedent and open a Pandora's box. I must therefore respectfully dissent.

The asserted basis for Doughty's discharge is Schwab's rule prohibiting "fighting and assaulting." (Exhibits Volume 1, pg. 17.) These terms are…