( Goodman )
( Oklahoma County - John A. Amick )
This is an appeal from the district court's order affirming the findings of the Oklahoma Employment Security Commission Board of Review (OESCBR) denying unemployment benefits to appellant Steven Macon (Macon).
Macon was employed by the Servicemaster Company as a janitor. He was later promoted to painter. He was assigned to work on the Langston University campus. As a result of his involvement in several incidents that occurred during his off-duty time, a representative of Langston approached Servicemaster and requested Macon be fired.1 Macon's employer, rather than firing Macon, offered him his old job of janitor. Macon refused. The employer then fired Macon for misconduct for his failure to take the position offered. Macon's claim for unemployment benefits was denied on March 21, 1994, by the Oklahoma Employment Security Commission (OESC). Macon appealed this unfavorable determination to the Appeal Tribunal of the OESC, which affirmed the OESC's denial in a decision April 29, 1994. The hearing officer found:
"The claimant was being demoted for behavior off the job that affected his employment with the customer in question. The claimant did not believe this was fair and was terminated when he refused the demotion. This would constitute misconduct connected to the work."
Macon appealed the decision of the Appeal Tribunal to the Oklahoma Employment Security Commission Board of Review (OESCBR) which affirmed the order denying benefits on August 12, 1994. Macon then filed an appeal with the Oklahoma County District Court, pursuant to