LaVe v. Montana State Department of Labor & Industry

Pierre LaVe, petitioner, appeals from an order of the District Court of the Thirteenth Judicial District, Yellowstone County, affirming the Board of Labor Appeals decision denying his unemployment benefits, pursuant to § 39-51-2410(5), MCA. We reverse.

The issue raised on appeal is whether the District Court erred in finding that a negligent failure to replace oil in the crankcase of a customer’s automobile constituted “misconduct” within the meaning of the Montana Unemployment Compensation Insurance statutes and, based on that conclusion, erred in affirming the Board of Labor Appeals denial…