Hennig, Jr. v. Money Metals Exchange

Summary

The Idaho Supreme Court reversed the Industrial Commission’s denial of unemployment benefits and remanded for further proceedings. Although substantial and competent evidence supported the Commission’s finding that Hennig’s message fell below Money Metals’ subjective expectations, the Commission failed to determine whether those expectations were objectively reasonable in light of evidence that the employer selectively enforced its communication policy and encouraged Hennig’s irreverent humor. The Court also denied Hennig’s request for judicial notice because it did not satisfy the governing evidentiary requirements.