Here is the opinion in Rapada v. Nooksack Indian Tribe (Wash. Ct. App. — Div. 1).
Nadene Rapada was the accounting director for the Nooksack Indian Tribe (NIT). NIT terminated Rapada for processing a mileage reimbursement request without first having the request approved as required by NIT’s written accounting policy. Rapada did not dispute that she violated NIT’s official policy. She argued that after-the-fact approval was common practice at NIT and following that practice, rather than the official policy, was a good faith error in judgment.
The Employment Security Department (ESD) initially decided that Rapada was eligible for unemployment benefits. On NIT’s appeal of this decision, the ESD commissioner reversed concluding that Rapada was discharged for misconduct that amounted to wanton disregard of the employer’s interest and was thus ineligible for unemployment benefits. Rapada appealed to the superior court which reversed the commissioner’s decision.
We also conclude the commissioner erred and affirm the superior court.