Myers v. Employment Appeal Board

For reasons I detail below and which I have discussed elsewhere, see Carpenter v. *739Iowa Dep’t of Job Serv., 401 N.W.2d 242, 246-47 (Iowa App.1986) (Schlegel, J., dissenting), I respectfully dissent.

I

A. In 1983, in Budding v. Iowa Dep’t of Job Serv., 337 N.W.2d 219 (Iowa App.1983), this court examined the issue of whether an isolated incident of vulgar language in the workplace is sufficient misconduct to justify denial of unemployment benefits. That case addressed an incident of alleged misconduct much like the case before us. Budding had received a warning for a safety violation and another…