Pinnacle Bancorp v. Moritz
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The Supreme Court affirmed the judgment of the district court determining that social media posts directed toward local public figures from a public account of an officer of a local bank did not constitute misconduct in connection with work disqualifying the employee from unemployment benefits, holding that the district court did not err.
The posts at issue were not sent from the employee's work, during work hours, or using the employer's equipment and did not contain information obtained in the capacity as an employee, mention the employee's position at the bank, or refer to coworkers or customers. The Department of Labor determined that the employee was disqualified for benefits for the week in which the discharge occurred plus fourteen weeks because he had been discharged for misconduct. The Appeal Tribunal reversed, holding that the employer's social media policy was insufficient to transform the employee's personal social media postings into misconduct connected with his work. The district court affirmed. The Supreme Court affirmed, holding that Defendant did not commit misconduct connected with his work, and therefore, the district court properly found that he was not disqualified for unemployment benefits.
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