BAUER v. JOB SERVICE OF NORTH DAKOTA (2025)

Supreme Court of North Dakota.

Christopher BAUER, Petitioner and Appellant v. JOB SERVICE OF NORTH DAKOTA and Harlow's School Bus Services, Respondents and Appellees

No. 20250003

Decided: April 10, 2025

Christopher M. Bauer, self-represented, Williston, N.D., petitioner and appellant. Michael T. Pitcher, Assistant Attorney General, Bismarck, N.D., for respondent and appellee Job Service North Dakota. Jesse H. Walstad, Bismarck, N.D., for respondent and appellee Harlow's School Bus Services.

[¶1] Christopher Bauer appeals from a district court judgment affirming a Job Service of North Dakota decision denying his claim for unemployment benefits. On appeal, he argues his off-duty conduct did not rise to the level of misconduct disqualifying him from unemployment benefits, and he was deprived of due process. After a review of the record, we conclude Job Service's findings of fact are supported by a preponderance of the evidence, and its conclusion that Bauer's actions constituted disqualifying misconduct is supported by the findings. We summarily affirm the district court judgment affirming the Job Service decision under N.D.R.App.P. 35.1(a)(5).

Per Curiam.

[¶2] Jon J. Jensen, C.J. Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr William A. Neumann, S.J.[¶3] The Honorable William A. Neumann, Surrogate Judge, sitting in place of Crothers, J., disqualified.

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