Potter v. Northern Empire Pizza, Inc.

OPINION

ROSS, Judge.

Roger Potter poked a coworker in the ribcage after the coworker threw Potter’s keys. Potter’s manager discharged him and Potter began collecting unemployment benefits. The Department of Employment and Economic Development deemed his job-ending incident to be employment misconduct and an unemployment law judge agreed, ending Potter’s benefits. Potter argues on appeal that poking his coworker was not a “serious violation,” was simple unsatisfactory conduct, was what a reasonable employee would have done, was the result of a good faith error in judgment, and was caused by his…