Division of Employment Security v. Comer

PHILLIP R. GARRISON, Judge.

The Division of Employment Security (“Division”) appeals the decision of the Labor and Industrial Relations Commission (“Commission”) finding that Darin Comer (“Claimant”) was not disqualified from receiving unemployment compensation. The dispositive issue is whether Claimant is disqualified from benefits because he was discharged by The Employer Advantage, LLC (“Employer”) for misconduct connected with work. We affirm in part and reverse and remand in part.

Claimant worked for Employer in its customer service department for approximately two and a half years. On…