Feagin v. Everett

Although the majority purports to follow the rule adopted by the Washington Supreme Court in Nelson v. Department of Employment Security, 98 Wash.2d 370, 655 P.2d 242 (1982), rev’g 31 Wash. App. 604, 644 P.2d 145, it simply fails to do so. If it had, the majority would have reversed this case.

In Nelson, the claimant pleaded guilty to a shoplifting charge, and she was subsequently discharged by her employer for misconduct. The Employment Security Agency denied claimant benefits, finding her actions constituted misconduct in connection with her work. The Washington Court of Appeals affirmed the…