Whitacre v. Employment Division

Claimant seeks review of a decision of the Employment Appeals Board denying him unemployment benefits on the ground that he was terminated by his employer for misconduct. We reverse and remand for reconsideration.

Claimant worked for Benton County as a utility maintenance technician for approximately three and a half years. His work included changing cylinders of chlorine gas, a process that required the use of a respirator in emergency situations. On November 1, 1988, county adopted a clean-shaven policy for all employees who might be required to wear a respirator. Claimant, a Vietnam War…