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ASHLAND OIL v. DEPT. OF LABOR & INDUSTRY

No. 88-242.

765 P.2d 727 (1988)

ASHLAND OIL, INC., d/b/a SuperAmerica, Petitioner and Appellant, v. DEPARTMENT OF LABOR AND INDUSTRY and Labor Appeals Board, Agencies of the State of Montana, and Charles Hyatt, Respondents and Respondents.

Supreme Court of Montana.

Decided December 5, 1988.

Attorney(s) appearing for the Case

Francis X. Clinch, Jardine, Stephenson, Blewett and Weaver, Great Falls, for petitioner and appellant.

Ann Smoyer, Smoyer, Vaznelis & Berry, Karl Nagel, Dept. of Labor & Industry, Helena, for respondents and respondents.

GULBRANDSON, Justice.

Appellant Ashland Oil, Inc. (Ashland) appeals a decision from the First Judicial District, Lewis and Clark County, awarding unemployment benefits to the respondent on the basis that the respondent's actions did not constitute misconduct within the meaning of the law. We reverse.

Charles Hyatt was employed by Ashland as an assistant manager at its SuperAmerica store in Helena, Montana, from March 1, 1986 to February 12, 1987. One of Hyatt...

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