BROWN v. IOWA DEPT. OF JOB SERVICE

No. 84-897.

367 N.W.2d 305 (1985)

Donald E. BROWN, Petitioner-Appellant, v. IOWA DEPARTMENT OF JOB SERVICE and Hy-Vee Food Stores, Inc., Respondents-Appellees.

Court of Appeals of Iowa.

February 26, 1985.


Attorney(s) appearing for the Case

Sarah Wenke and James F. Elliott, Ottumwa, for petitioner-appellant.

Joseph L. Bervid and Walter F. Maley and Blair H. Dewey, Des Moines, for respondents-appellees.

Considered by OXBERGER, C.J., and SNELL, and SCHLEGEL, JJ.


OXBERGER, Chief Judge.

The appellant was denied unemployment benefits after both a job service officer and the district court concluded that his actions leading to dismissal from employment constituted misconduct. We find the decision is not supported by substantial evidence and reverse.

The appellant, Donald Brown, is a slightly mentally retarded individual who was employed from November 1977 to January 11, 1983, as a janitor at a Hy-Vee store. His duties...

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