Larson v. Employment Appeal Board

HARRIS, Justice.

In an application for unemployment benefits the parties dispute whether the employee was discharged for misconduct. The record is clear that she could have been, but was not. We find no support for an agency finding that misconduct was the reason employment was terminated. Hence we reverse a district court affirmance of final agency action denying benefits.

There was abundant evidence that the claimant, Joan Larson, was unqualified for. a secretarial position she took with the employer, Midland Equipment. Before being hired Larson stated she could type thirty-five words per…