WAPELLO, Iowa — A Wapello man facing a sex abuse charge is entitled to unemployment benefits after his employer failed to prove he was let go for work-related misconduct, a judge has ruled.

Jason Warnstaff sought unemployment benefits after he was let go from New Choices Inc., based in Bettendorf.     

Warnstaff, 32, had been working as a direct care associate in a group home for adults with special needs in Muscatine. According to a decision in his unemployment appeals case, Warnstaff’s supervisor learned from a law enforcement officer that Warnstaff was under investigation for possible illegal sexual conduct with a teenage girl, unrelated to his job.

Warnstaff was suspended in June pending the outcome of the criminal investigation. When Warnstaff came to pick up his paycheck on July 1, he was instructed to fill out an exit interview separation form. The criminal charge was filed later on Aug. 4.

Warnstaff is facing a charge of third-degree sexual abuse in Muscatine County. The criminal complaint alleges he had sexual intercourse with a 15-year-old girl in March at an address in Muscatine.

Administrative Law Judge Lynette Donner ruled that Warnstaff was eligible for benefits. In the written decision, she found that New Choices Inc. did not discharge Warnstaff for a reason that would disqualify him for unemployment benefits.

“Even criminally, he is presumed innocent until proven guilty,” Donner wrote in the ruling. “While the employer may have had a good business reason for suspending and effectively discharging the claimant, it has not met its burden to show disqualifying misconduct.”

An official with New Choices Inc. declined to comment on the matter.