Wernke v. State, Department of Social Services

[¶ 23.] I respectfully dissent. I would affirm the circuit court. I conclude that Claimant was properly denied unemployment benefits pursuant to SDCL 61-6-14.1 for employee misconduct. The Majority is in error when it concludes: (1) there was no evidence or finding that the conduct was violative of some code of behavior, and; (2) there was no evidence Claimant’s conduct results in some harm to the Employer’s interest.

[¶ 24.] As will be established, Claimant violated the following provisions of SDCL 61-6-14.1:(1) Failure to obey orders, rules or instructions, or failure to discharge the duties…