Hulse v. Job Service North Dakota

LEVINE, Justice.

Barry Hulse appeals from a district court judgment affirming Job Service’s decision denying him unemployment compensation benefits. We hold that his sotto voce utterance of an expletive did not constitute benefit-disqualifying “misconduct” and, therefore, reverse and remand.

Hulse was employed for approximately two-and-a-half years as a child care .worker for Dakota Boys Ranch Association (Boys Ranch). On September 1, 1991, Hulse spent his day off working the shift of a cook who was on vacation. The shift went beyond schedule and Hulse, anxious to finish so that he could leave,…