Porth v. Iowa Department of Job Service

McGIVERIN, Justice.

Respondent Iowa Department of Job Service appeals from the district court’s order on judicial review reversing the agency’s decision that petitioner Gary J. Porth was ineligible for unemployment benefits. We vacate the decision of the district court and remand to the agency for additional consideration of whether Porth is entitled to benefits.

On appeal, Job Service contends that the record made before the agency contains substantial evidence that Porth was discharged by his employer for “misconduct” within the meaning of Iowa Code section 96.5(2)(a) (1983). 1 Accordingly,…