Schweitzer v. Job Service ND
v.
Job Service North Dakota Respondent and Appellee
and
LM Glasfiber (ND) Inc., Respondent
Judge Karen Kosanda Braaten
| Appellant: | Daniel Michael Schaffzin | |
| Appellee: | Michael Trent Pitcher , Att. General Office | |
| Appellant: | Margaret Moore Jackson |
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I.Whether an employee who makes a single telephone call to the temporary staffing company used by her employer and recommends a relative for hiring has committed misconduct sufficient to disqualify the employee from receiving unemployment benefits.
II.Whether the refusal of an administrative referee to review or accept evidence relied upon by the claimant, without any explanation, deprives the claimant of a fair hearing.
Appellee's Statement of the Issues:
I. LM Glasfiber terminated Schweitzer's employment because Schweitzer contacted a temporary staffing agency and portrayed herself in a position of authority at LM Glasfiber in an attempt to get her brother hired with the company. Misconduct occurs when an employee disregards a standard of behavior which the employer has the right to expect of the employee and can include a single incident. Should this Court affirm the finding of misconduct by the referee?
II. Whether Schweitzer is precluded from alleging the appeals referee failed to consider evidence of tape recorded conversations in a fair and impartial manner when Schweitzer did not raise the issue in her specifications of errors or at the district court?
III. During cross-examination of LM Glasfiber's representatives, Schweitzer referred to recorded conversations she had with them. These conversations were described on the record and were not contested. Schweitzer asked the referee where she should send the recordings, and the referee said he did not need them. Schweitzer did not object and agreed the hearing could be closed. Did the referee consider all the evidence in a fair and impartial manner?
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