(dissenting).
I respectfully dissent and would affirm the decision of the Commissioner’s representative that McCoy’s behavior constituted misconduct because:
1.This case is distinguishable from Norman v. Rosemount, Inc., 383 N.W.2d 443 (Minn.Ct.App.1986), pet. for rev. denied (Minn. May 22, 1986). As the Commissioner’s representative reasoned:
Throwing a hammer in the workplace environment is inherently more dangerous than throwing a crumpled ball of paper. Notwithstanding the fact that the claimant herein did not throw the hammer at his supervisor, he did throw it at a door, struck the door, and caused damage to the door. * * * Clearly, a supervisor has a legitimate right to reasonably criticize an employee’s work performance and to threaten an employee with discipline if his behavior is not in accordance with the employer’s standards. The claimant herein made no showing that the supervisor’s assessment of his work performance was either arbitrary or unreasonable and even if it were, surely an employer has a reasonable expectation that employees, even when upset by a supervisor’s criticisms, will not engage in throwing hammers in the workplace. Though the damage incurred in this case was minor, the potentially serious damage that may have resulted from the claimant's behavior cannot be overlooked.
Clearly McCoy’s behavior caused an unsettled environment and could have incited aggressive behavior by other employees. Cf. Norman, 383 N.W.2d at 446 (employee throwing crumpled piece of paper at supervisor held not misconduct but hotheaded incident).
2. For behavior to constitute an isolated hotheaded incident which is not misconduct, the incident must not interfere with the employer’s business. See Windsperger v. Broadway Liquor Outlet, 346 N.W.2d 142, 145 (Minn.1984). Here, where McCoy’s behavior occurred in the presence of other employees and could easily have incited their aggressive behavior, that conduct likely interfered with the employer’s business. See Tester v. Jefferson Lines, 358 N.W.2d 143, 145-46 (Minn.Ct.App.1984), pet. for rev. denied (Minn. Mar. 13, 1985).
3. The dangerous nature of McCoy’s behavior, the interference with his employer’s business, and McCoy’s general disregard of his employer’s interests leads me to conclude his behavior constituted misconduct. See Tilseth v. Midwest Lumber Co., 295 Minn. 372, 374-75, 204 N.W.2d 644, 646 (1973). McCoy should be disqualified from the receipt of unemployment compensation benefits.