Coker v. Director, Dept. of Workforce

• Decision Date: 12 September 2007
• Docket Number: No. E 07-50.,E 07-50.
• Citation: 99 Ark.App. 455,262 S.W.3d 175
• Parties: Stephanie R. COKER, Appellant, v. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES, and James Law Firm, Appellees.
• Court: Arkansas Court of Appeals

262 S.W.3d 175

99 Ark.App. 455

Stephanie R. COKER, Appellant, v. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES, and James Law Firm, Appellees.

No. E 07-50.

Court of Appeals of Arkansas.

September 12, 2007.

Appellant, pro se.

Phyllis Edwards, for appellee Dep't of Workforce Services.

DAVID M. GLOVER, Judge.

In this unbriefed unemployment case, appellant, Stephanie Coker, was initially denied unemployment benefits at the department level, but the Appeal Tribunal reversed that decision and awarded her benefits. Coker's employer, the James Law Firm, then appealed the appeal-tribunal decision to the Board of Review, which reversed the Appeal Tribunal and denied her application for unemployment benefits on the basis that she was discharged from her last work for misconduct in connection with the work. Coker now appeals to this court, arguing that there was not substantial evidence to support the Board of Review's finding. We affirm the Board of Review's denial of benefits.

A person will be disqualified for unemployment benefits if it is found that she was discharged from her employment on the basis of misconduct in connection with the work. Ark.Code Ann. § 11-10-514(a)(1) (Repl.2002). In Johnson v. Director, 84 Ark.App. 349, 351-52, 141 S.W.3d 1, 2-3 (2004), this court set forth both the definition of "misconduct" as well as the well-settled standard of review in unemployment cases:

"Misconduct," for purposes of unemployment compensation, involves: (1) disregard of the employer's interest; (2) violation of the employer's rules; (3) disregard of the standards of behavior which the employer has a right to expect; and (4) disregard of the employee's duties and obligations to his employer. Rossini v. Director, 81 Ark. App. 286, 101 S.W.3d 266 (2003). To constitute misconduct, however, the definitions require more than mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies, ordinary negligence in isolated instances, or good-faith errors in judgment or discretion. Id. Instead, there is an element of intent associated with a determination of misconduct. Blackford v. Director, 55 Ark.App. 418, 935 S.W.2d 311 (1996). There must be an intentional and deliberate violation, a willful and wanton disregard, or carelessness or negligence of such a degree or recurrence as to manifest wrongful intent or evil design. Rossini v. Director, supra. Misconduct contemplates a willful or wanton disregard of an employer's interest as is manifested in the deliberate violation or disregard of those standards of behavior which the employer has a right to expect from its employees. Blackford v. Director, supra.

Whether an employee's actions constitute misconduct in connection with the work sufficient to deny unemployment benefits is a question of fact for the Board. Thomas v. Director, 55 Ark. App. 101, 931 S.W.2d 146 (1996). Our standard of review of the Board's findings of fact is well-settled:

We do not conduct a de novo review in appeals from the Board of Review. In appeals of unemployment compensation cases we instead review the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Board of Review's findings. The findings of fact made by the Board of Review are conclusive if supported by substantial evidence; even when there is evidence upon which the Board might have reached a different decision, the scope of judicial review is limited to a determination of whether the Board could have reasonably reached its decision based on the evidence before it. Substantial evidence is such evidence as a reasonable mind might accept as adequate to support a conclusion.

Snyder v. Director, 81 Ark.App. 262, 263, 101 S.W.3d 270, 271 (2003). Additionally, the credibility of witnesses and the weight to be accorded their testimony are matters to be resolved by the Board of Review. Williams v. Director, 79 Ark.App. 407, 88 S.W.2d 427 (2002).

Here, Coker was employed at the James Law Firm as a receptionist/secretary for approximately two weeks before being fired. At the hearing, Toni Coleman, a paralegal at the law firm, testified that on the morning in question, the firm was busy and there were numerous motions that needed to be filed at the courthouse. Coleman said that Coker had told her on several prior occasions that she needed to go to Office Depot, and that Coker had told her again that morning, to which Coleman had responded that Coker did not have time for Office Depot that day. Coleman testified that she later learned that Coker procured the office credit card from another firm employee, went to the courthouse, went to Office Depot, picked up her lunch, and arrived back at the office three hours later.

Coker testified that she was a receptionist/secretary for the law firm from October 2 until October 12, 2006, when she was fired by Bill James, an owner of the firm. Coker explained that she got the company credit card from Joe Barraza, another paralegal at the firm, and that he told her to go to Office Depot because she had to return a keyboard and purchase some office supplies. She explained that she was gone for three or four hours because she had to take motions to the courthouse and because Barraza sent her on other errands, including Office Depot. Coker stated that she told Barraza that Coleman did not want her to go to Office Depot that day, but that Barraza told her to go ahead and to go then because James was out of the office and it was better to go at that time. Coker said that she purchased the office supplies on her...