HULSE v. JOB SERVICE NORTH DAKOTA

Civ. No. 920161.

492 N.W.2d 604 (1992)

Barry HULSE, Petitioner and Appellant, v. JOB SERVICE NORTH DAKOTA, Respondent and Appellee, and Dakota Boys Ranch Assn., Respondent.

Supreme Court of North Dakota.

November 24, 1992.


Attorney(s) appearing for the Case

Richard R. LeMay of Legal Assistance of North Dakota, Minot, for petitioner and appellant.

Douglas A. Bahr, Asst. Atty. Gen., Bismarck, for respondent and appellee.


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...

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