Puckett v. Idaho Dept. of Corrections

Decision Date06 February 1985
Docket NumberNo. 15238,15238
Citation107 Idaho 1022,695 P.2d 407
PartiesStanley W. PUCKETT, SSA 505 76 6008, Claimant-Appellant, v. IDAHO DEPARTMENT OF CORRECTIONS, Employer-Respondent, and State of Idaho, Department of Employment, Respondent.
CourtIdaho Supreme Court

John C. Lynn, Boise, for claimant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Robert R. Gates, Deputy Atty. Gen., for employer-respondent Idaho Dept. of Corrections.

Roger Martindale and Evelyn Thomas, Deputy Attys. Gen., Boise, for respondent Dept. of Employment.

SHEPARD, Justice.

This is an appeal from an order of the Industrial Commission denying unemployment compensation benefits to claimant Puckett because he was discharged for misconduct. We affirm.

Puckett had been a correctional officer at the Idaho Correctional Institution for six years prior to his discharge. Three days before his discharge, Puckett had attended an employees' association picnic and severely battered department sergeant Boggs, rendering him unconscious. The attack was allegedly as a result of a remark made by Boggs to Puckett's then girlfriend. Puckett was charged with battery, entered a plea of guilty, judgment was withheld, and Puckett was placed on six months probation.

Puckett had an alleged history of violence and force against others while under the influence of alcohol. Two of those instances came to the attention of law enforcement agencies, i.e., Puckett was involved in a 1980 barroom fight in Idaho City, and in 1981 he was involved in a fight with a fellow correctional officer at a bar in Boise. Following the last incident, the Ada County Sheriff withdrew Puckett's deputization as a county law enforcement officer.

Following Puckett's discharge by the warden of the institution, Puckett filed a grievance which was heard before an institution grievance panel. Puckett argued that his on-duty performance was not taken into consideration in the discharge decision. The panel recommended that Puckett not be discharged, but nevertheless the Director of the Department of Corrections Crowl discharged Puckett for "[c]onduct unbecoming a State employee and conduct detrimental to good order and discipline in the Department." In reaching that decision, he allegedly took into consideration the fact that Puckett had been counseled regarding his drinking and assaultive behavior several times and that Director Crowl had personally discussed the issue with him and suggested that it be corrected. Crowl indicated that while the picnic assault may not have by itself warranted termination, when coupled with past incidents, termination was necessary.

Following his discharge, Puckett sought and was granted unemployment benefits. In a redetermination initiated by the employer, the granting of those benefits was affirmed. That decision was again appealed and an appeals examiner denied unemployment benefits based on a finding that Puckett was ineligible under I.C. § 72-1366(e), since he was discharged for misconduct in connection with employment. That appeals examiner did not find any significance in the behavior of Puckett before the picnic incident, but found that Puckett's misconduct at the picnic was in connection with his employment since the attack was upon an employee who was superior to Puckett. The examiner held that such conduct was a disregard of the standard of behavior which the employer had a right to expect.

A claimant for unemployment benefits is ineligible if his unemployment was the result of a discharge for employment-related misconduct. See I.C. § 72-1366(e). Misconduct has been defined as "wilful, intentional disregard of the employer's interest; a deliberate violation of the employer's rules; or a...

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18 cases
  • Spruell v. Allied Meadows Corp.
    • United States
    • Idaho Supreme Court
    • February 15, 1990
    ...and prior decisions of this Court to reviewing only questions of law. Idaho Constitution, art. 5 § 9; Puckett v. Idaho Dept. of Corrections, 107 Idaho 1022, 695 P.2d 407 (1985); Parker v. St. Maries Plywood, 101 Idaho 415, 614 P.2d 955 (1980); Harris v. Green Tree, Inc., 100 Idaho 227, 596 ......
  • Jensen v. Siemsen
    • United States
    • Idaho Supreme Court
    • June 14, 1990
    ...and prior decisions of this Court to reviewing only questions of law. Idaho Const. art. 5, § 9; Puckett v. Idaho Dep't of Corrections, 107 Idaho 1022, 695 P.2d 407 (1985); Parker v. Saint Maries Plywood, 101 Idaho 415, 614 P.2d 955 (1980); Harris v. Green Tree, Inc., 100 Idaho 227, 596 P.2d......
  • Zickafoose v. Ub Services, Inc.
    • United States
    • U.S. District Court — Southern District of West Virginia
    • November 2, 1998
    ...A.2d 738 (Pa.Comwlth.1986); Muscatell v. Employment Division, 77 Or.App. 24, 711 P.2d 192 (Or.App.1985); Puckett v. Idaho Dept. of Corrections, 107 Idaho 1022, 695 P.2d 407 (Idaho 1985). The cases illustrate how certain non-work related actions may have repercussions within the workplace. F......
  • Oxley v. Medicine Rock Specialties, Inc.
    • United States
    • Idaho Supreme Court
    • November 24, 2003
    ...Campbell v. Bonneville County Brd. of Comm'rs, 126 Idaho 222, 225, 880 P.2d 252, 255 (1994) (citing Puckett v. Idaho Department of Corrections, 107 Idaho 1022, 695 P.2d 407 (1985)). The tests for all three types of misconduct are factual determinations. Campbell, 126 Idaho at 225, 880 P.2d ......
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