Markam Group, Inc. v. Employment Security Department

f 1 An employer must show that an employee was discharged for “misconduct” to avoid paying state unemployment benefits. And that generally requires showing that the conduct/misconduct was intentional. The pertinent findings on review are those made by the commissioner, not those made by the superior court. Here, the commissioner’s findings support only the conclusion that the applicant performed her work ineptly, and that conclusion would not support a denial of her unemployment *559benefits. The trial court’s decision to deny benefits is not supported by the commissioner’s findings and…