Legal Opinion

Hamel v. Employment Security Department

Court of Appeals of Washington

Decided November 20, 1998No. 22919-6-IIPublishedCited by 46 opinions

1Opinion of the CourtSeinfeld, J.

The Employment Security Department denied Todd Hamel unemployment compensation benefits after it found that his employer, Red Robin, had terminated him for “misconduct.” We hold that evidence of warnings followed by a repeated incident of the prohibited conduct is insufficient by itself to establish “misconduct.” But evidence that Hamel intentionally engaged in conduct that he knew or should have known was harmful to his employer’s interest is sufficient to prove “willful disregard of [the] employer’s interest,” as the Employment Security Act defines “misconduct.” Thus, we affirm.

FACTS

Red…

2Cases cited14 opinions

  1. Tapper v. Employment Security DepartmentWashington Supreme Court · 1993
  2. Franklin County Sheriff's Office v. SellersWashington Supreme Court · 1982
  3. City of Seattle v. FontanillaWashington Supreme Court · 1996
  4. Heinmiller v. Department of HealthWashington Supreme Court · 1995
  5. Heinmiller v. Department of HealthWashington Supreme Court · 1995

9 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Thurston County v. Cooper Point Ass'nWashington Supreme Court · 2002
  2. Lewis County v. WESTERN WA. GROWTH MANAGEMENT HEARINGS BD.Washington Supreme Court · 2006
  3. Lewis County v. Western Washington Growth Management Hearings BoardWashington Supreme Court · 2006
  4. Thurston County v. Cooper Point Ass'nWashington Supreme Court · 2002
  5. Superior Asphalt & Concrete Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2002

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