Christensen v. Employment Divivision

The issue in this unemployment benefit appeal is whether there is substantial evidence in the record that claimant’s drinking was in wilful disregard of his employer’s best interests. The Employment Appeals Board (EAB) found that there was. We are unable to find any evidence supporting EAB’s determination and reverse.

Claimant is a chronic alcoholic who appears from the record to have significant periods of sobriety followed by relapses. Employer hired him knowing of his condition, warning him at the outset about absenteeism. In 1979 and 1980, claimant missed only one-half day of work. In…