Unemployment compensation may be denied to employees dismissed for misconduct. In Henson v. Employment Security Department, the Washington Supreme Court misapplied the misconduct doctrine by blurring the distinction between on-duty and off-duty misconduct. This Note compares past Washington misconduct doctrine with its application in Henson and discusses the potential equal protection implications of this decision. The author concludes that Henson adversely affects employees and confuses the misconduct doctrine in Washington. Further, while there was no equal protection violation in Henson, the court's result opens the door to future equal protection challenges and violations.
Karen L. Forner,
Misconduct in Washington Unemployment Compensation Law—Henson v. Employment Security Department, 113 Wash. 2d 374, 779 P.2d 715 (1989),
66 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol66/iss1/10