Burns Bros. v. Employment Division

Employer seeks review of an order of the Employment Appeals Board that affirmed the referee’s decision that claimant was not disqualified from receiving unemployment benefits. We reverse and remand for reconsideration.

EAB made these findings of fact:

“(1) Claimant worked for this employer from April 22,1987, to October 11, 1988. At the time he was discharged, claimant was working as a line cook. (2) On the morning of October 11, 1988, claimant opened a can of mushrooms from a case of 24 cans and noted that the mushrooms were spoiled. He opened one or two more cans and found that they were also…