IN RE SANDRA J. SATCHER PETITIONER

*1 SANDRA J. SATCHER, duly petitioned the Commissioner for a review of a Decision of The Office of Administrative Hearings entered in this matter on the 15th day of July, 1983, and the undersigned, having carefully reviewed the entire record, thereby being fully advised in the premises, does hereby enter the following.

*1 Prior to filing the claim here contested, petitioner last worked for the interested employer. On May 28, 1983, she informed her supervisor that she wanted to tender her notice and quit. She intended to give two weeks' advance notice of her quit date. Her supervisor, however, told her to quit immediately.

*1 From the foregoing, we frame the following:

*1 Is petitioner subject to disqualification from benefits pursuant to RCW 50.20.050 or RCW 50.20.060?

*1 From the Issue as framed, we draw the following:

*1 Where a claimant, intending to quit, is not allowed to work through his or her notice period, the separation from employment is considered a discharge. See, e.g., In re Sauer, Comm. Dec. (2nd) 334 (1977). The present case, therefore, is properly adjudicable pursuant to RCW 50.20.060.

*1 Rcw 50.20.060 essentially provides for disqualification from benefits where an employee has been discharged from employment for misconduct connected with his or her work. Misconduct consists of an employee's intentional or negligent unsatisfactory behavior of such a degree, or occurring with such frequency, as to show a substantial disregard of the employer's interests: The burden of proving misconduct rests with the party alleging it, and this burden is satisfied only when misconduct is established by a preponderance of evidence.

*1 The evidence in the case before us fails to establish misconduct on petitioner's part. Now, therefore,

*1 IT IS HEREBY ORDERED that the Decision of the Office of Administrative Hearings entered in this matter on the 15th day of July, 1983, shall be SET ASIDE. Petitioner is not subject to disqualification pursuant to either RCW 50.20.050 or RCW 50.20.060, and benefits are accordingly allowed, provided she is otherwise eligible therefor. There has been no overpayment.