THE STATE COURT OF APPEALS, DIVISION IV, HAS REVERSED A DISTRICT COURT ORDER AND REINSTATED A RULING OF THE BOARD OF REVIEW FOR THE OKLAHOMA EMPLOYMENT SECURITY COMMISSION WHICH DETERMINED THAT A FORMER WORKER IS ENTITLED TO UNEMPLOYMENT BENEFITS. IN KEN'S CARS V. STATE OF OKLAHOMA EX REL. OKLAHOMA EMPLOYMENT SECURITY COMMISSION, BOARD OF REVIEW FOR OKLAHOMA EMPLOYMENT SECURITY COMMISSION AND TOMMY R. JACKSON, CASE NO. 79,696, JACKSON HAD FILED A CLAIM FOR UNEMPLOYMENT BENEFITS STATING THE REASON FOR SEPARATION BY THE EMPLOYER WAS LACK OF WORK.
THE BUSINESS OWNER, KENNETH C. AYCOX, RESPONDED THAT JACKSON WAS FIRED FOR LACK OF PERFORMANCE, AND THAT, ON THE DAY JACKSON WAS FIRED--SEPT. 16, 1991--HE "WAS WORKING ON AN UNAUTHORIZED VEHICLE FOR PERSONAL GAIN DURING WORKING HOURS."
AYCOX ALSO PRESENTED STATEMENTS FROM TWO OTHER AUTOMOBILE REPAIR SHOPS TO REFUTE JACKSON'S STATEMENT THAT THERE WAS A LACK OF WORK.
THE COMMISSION MADE AN INITIAL DETERMINATION THAT UNEMPLOYMENT BENEFITS SHOULD BE DISALLOWED. JACKSON WAS NOTIFIED: "YOU WERE DISCHARGED FROM EMPLOYMENT FOR TAKING IN AN UNAUTHORIZED VEHICLE. YOU HAD DISCUSSED RENTING THE GARAGE FROM THE OWNER, HOWEVER NO DEFINITE DECISION WAS MADE. YOU WERE DISCHARGED FOR MISCONDUCT CONNECTED WITH WORK."
APPEAL TRIBUNAL REVERSES COMMISSION FINDING
AFTER JACKSON APPEALED THAT DETERMINATION, AN APPEAL TRIBUNAL ADDRESSED THE ISSUE OF WHETHER HE WAS DISCHARGED FOR "A REASON AMOUNTING TO MISCONDUCT CONNECTED WITH WORK."
THE TRIBUNAL FOUND THAT HIS CONDUCT DID NOT CONSTITUTE " MISCONDUCT " FOR PURPOSES OF