Appeals Examiner of Idaho Dept. of Labor v. J.R. Simplot Co.

• Decision Date: 02 April 1998
• Docket Number: No. 23609,23609
• Citation: 131 Idaho 318,955 P.2d 1097
• Parties: In the Matter of a Decision of an Appeals Examiner of the Idaho Department of Labor. Eldon L. QUINN, SSN 563-54-8881, Claimant-Respondent, v. J.R. SIMPLOT COMPANY, Employer, Defendant-Appellant. Boise, December 1997 Term
• Court: Idaho Supreme Court

Page 1097

955 P.2d 1097

131 Idaho 318

In the Matter of a Decision of an Appeals Examiner of the Idaho Department of Labor Eldon L. QUINN, SSN 563-54-8881, Claimant-Respondent, v. J.R. SIMPLOT COMPANY, Employer, Defendant-Appellant.

No. 23609.

Supreme Court of Idaho,

Boise, December 1997 Term.

April 2, 1998.

Daniel A. Miller and David E. Spurling, Boise, for defendant-appellant. David E. Spurling argued.

Eldon L. Quinn, Chubbuck, argued as pro se claimant-respondent.

WALTERS, Justice.

This is an appeal from a decision of the Industrial Commission. After the Industrial Commission concluded that Eldon Quinn was eligible for unemployment insurance benefits because his discharge was not based on misconduct, the employer, J.R. Simplot Co., appealed. We affirm.

I. FACTS AND PROCEDURAL BACKGROUND

Eldon L. Quinn was hired as a laborer by J.R. Simplot Co. in 1981. In December of 1982, Quinn successfully applied for the position of Industrial Hygiene Technician, a position he then held for nearly fourteen years until February 20, 1996. Quinn's position involved performing a variety of testing procedures throughout Simplot's Don Plant at Pocatello. These testing procedures involved sampling noise levels and the exposure of employees to a variety of hazardous conditions, chemicals and other materials. The position also entailed recording the test results, maintaining files and records of the tests, and making recommendations for implementation of controls and modifications to reduce exposure to noise and hazardous materials.

After Quinn's supervisor, Dave Pearson, discovered that Quinn was recording sampling test results for individual employees when the employees were not actually present at the plant, Pearson discharged Quinn for falsifing testing procedures and recordings. Quinn did not deny the allegation that he had recorded sampling test results for individual employees who were not present at the plant, but he claimed that he was monitoring the area where the individual employee usually worked and that the test results would be the same whether or not the individual employee was present in the area Quinn filed a claim for unemployment insurance with the Idaho Department of Employment. The Department found Quinn eligible for benefits after concluding that Quinn's discharge was not based on misconduct connected with employment in accordance with Section 72-1366(e) of the Idaho Employment Security Law. Simplot appealed to the Appeals Bureau of the Department. The appeals examiner upheld the Department's determination. Thereafter, Simplot appealed the decision to the Industrial Commission. The Industrial Commission affirmed the decision of the appeals examiner holding that Quinn was eligible for unemployment benefits.

at the time the test was taken. Although Quinn designated these tests as personal tests, they were only a form of representative testing.

The Commission held that Simplot did not establish by a preponderance of the evidence that Quinn was discharged for employment-related misconduct. The Commission concluded that Simplot failed to show that Quinn intentionally disregarded his employer's interests, and that Simplot did not prove that Quinn failed to meet the standard-of-behavior that Simplot had the right to expect. Simplot did not establish that its standard-of-behavior expectations were communicated to Quinn, therefore, such expectations were unreasonable. Simplot filed a motion for reconsideration which was denied by the Industrial Commission.

Simplot then pursued the instant appeal. Simplot claims the Industrial Commission's decision is not supported by substantial evidence and that Quinn was fired for misconduct.

II. DISCUSSION

A. Standard of Review.

On appeal, the Supreme Court's review of decisions of the Industrial Commission is limited to questions of law. Idaho Const. art. V, § 9; Hart v. Deary High School, 126 Idaho 550, 552, 887 P.2d 1057, 1059 (1994); Campbell v. Bonneville County Bd. Of Comm'rs, 126 Idaho 222, 225, 880 P.2d 252, 255 (1994). The Commission's findings of fact will not be disturbed on appeal where they are supported by substantial and competent evidence. I.C. § 72-732; Lethrud v. State, 126 Idaho 560, 563, 887 P.2d 1067, 1070 (1995); Lang v. Ustick Dental Office, P.A., 120 Idaho 545, 547, 817 P.2d 1069, 1071 (1991). Where conflicting evidence is presented that is supported by substantial, competent evidence, the findings reached by the Commission must be sustained regardless of whether this Court may have reached a different conclusion. Spruell v. Allied Meadows Corp., 117 Idaho 277, 279, 787 P.2d 263, 265 (1990).

Idaho Code § 72-1366(e) provides that a claimant is rendered ineligible for unemployment benefits if he voluntarily left his employment without good cause connected with his employment, or was discharged for misconduct in connection with his employment. I.C. § 72-1366(e); Puckett v. Idaho Dep't of Corrections, 107 Idaho 1022-23, 695 P.2d 407-08 (1985). The burden of proving discharge is on the claimant, and only if the claimant proves discharge does the employer have the burden of proving misconduct. Johnson v. Idaho Cent. Credit Union, 127 Idaho 867, 869, 908 P.2d 560 (1995). In the present case, there is no dispute that Quinn was discharged, therefore, the sole issue is whether Quinn was discharged for employment-related misconduct.

An employer who challenges a claimant's eligibility for unemployment insurance benefits carries the burden of proving that the employee was discharged for employment-related misconduct. DesFosses v. Dep't of Employment, 123 Idaho 746, 748, 852 P.2d 498, 500 (1993) (citing Parker v. St. Maries Plywood, 101 Idaho 415, 419, 614 P.2d 955, 959 (1980)). The employer must prove by a preponderance of evidence that the discharge was for misconduct or the claimant will be awarded benefits. Roll v. City of Middleton, 105 Idaho 22, 25, 665 P.2d 721, 724 (1983); Parker v. St. Maries Plywood, 101 Idaho 415, 419, 614 P.2d 955, 959 (1980).

The determination of whether an employee's conduct constituted misconduct pursuant to I.C. § 72-1366(e) is a question of fact, therefore, the decision of the Commission will be upheld if supported by substantial and competent evidence. Merriott v. Shearer Lumber Products, 127 Idaho 620, 622, 903 P.2d 1317, 1319 (1995) (citing Taylor v. Burley Care Center, 121 Idaho 792, 793, 828 P.2d 821, 822 (1991)). Misconduct has been defined by this Court as (1) a willful, intentional disregard of the employer's interest; (2) a deliberate violation of the employer's rules; or (3) a disregard of standards of behavior which the employer has a right to expect of its employees. Laundry v. Franciscan Health Care Center, 125 Idaho 279, 282, 869 P.2d 1374, 1377 (1994) (citing Johns v. S.H. Kress & Co., 78 Idaho 544, 548, 307 P.2d 217, 219 (1957)).

In this case, the Commission did not address, nor does Simplot argue on appeal, that Quinn's conduct was a deliberate violation of Simplot's rules. Instead, the focus of this appeal is: (1) whether Quinn intentionally disregarded Simplot's interests, and (2) whether Quinn disregarded a standard of behavior that Simplot had the right to expect.

B. Intentional Disregard of Simplot's Interest.

We first address whether Quinn intentionally disregarded Simplot's interests. The Commission held that despite Simplot's assertion, Simplot failed to submit any written company or OSHA regulations which clearly establish that a personal test cannot be a representative test. The Commission concluded that, without such evidence, Simplot failed to show by a preponderance of evidence that Quinn intentionally had disregarded Simplot's interests. The Commission recognized that Simplot referenced two OSHA regulations but noted that these were not part of the original record, stating that if Simplot had "introduced such evidence, [the Commission] might have reached a different conclusion."

On appeal, Simplot asserts that Quinn intentionally disregarded Simplot's interests, even though the Commission found that Simplot did not submit any written company or OSHA regulations that established how personal tests were to be conducted. Simplot also contends the Commission should have taken judicial notice of the two OSHA requirements that Quinn violated, as requested by Simplot in its motion for reconsideration.

The Commission did not take judicial notice of the OSHA regulations as requested, standing by its earlier determination that the OSHA regulations were not part of the record and need not be considered. We find no error in the Commission's approach.

Idaho Code § 72-1368(g) provides in part:

The record before the commission shall consist of the record of proceedings before the appeals examiner, unless it appears to the commission that the interests of justice require that the interested parties be permitted to present additional evidence. In that event, the commission may, in its sole discretion, conduct a hearing to receive additional evidence....

This statute allows parties to present additional evidence, but "does not require the Commission to consider additional evidence." Teevan v. Office of the Attorney General, 130 Idaho 79, 81, 936 P.2d 1321, 1323 (1997). The Commission's determination of whether to consider the additional evidence is in its sole discretion, and shall not be...