UNEMPLOYMENT INSURANCE BENEFITS - MISCONDUCT

Here's another issue that came across my "desk" recently. Employee A and Employee B do not get along. Neither has seniority over the other. One day, they got into a fight and Employee let out with a profanity towards Employee B in front of other employees. No apology was given. Employee A was fired and the Department of Labor denied benefits for misconduct. But is this one incident, perhaps grounds for termination, also grounds for denial of employment benefits? Here are some cases on point:

1. An unprovoked insulting remark to a fellow employee causing argument and disturbance during working hours constituted misconduct. (Ref. Dec. M11-3-38R; similarly, in case of fighting, A.B. 43,010-54) (Also, A.B. 89,038 notwithstanding claimant was due to be discharged at end of shift because of no work.)

2. Objectionable behavior toward fellow employees, detrimental to employer's interest and repeated despite warnings, constituted misconduct in connection with employment. (Loud argument with co-worker in presence of customers) (A.B. 2038-40; A-750-57)

3. A first incident of profanity directed toward management in general, none of whom is present, does not constitute misconduct. (A.B. 365,511; A-750-1968)

How would you decide this case?