Weston v. Gritman Memorial Hospital, No. 12643

CourtUnited States State Supreme Court of Idaho
Writing for the CourtHARGRAVES; SHEPARD, C. J., BAKES and BISTLINE, JJ., and ROWETT
Citation99 Idaho 717,587 P.2d 1252
Docket NumberNo. 12643
Decision Date20 December 1978
PartiesNancy E. WESTON, Claimant-Appellant, v. GRITMAN MEMORIAL HOSPITAL, Employer, and Department of Employment, Defendants-Respondents.

Page 1252

587 P.2d 1252
99 Idaho 717
Nancy E. WESTON, Claimant-Appellant,
Department of Employment, Defendants-Respondents.
No. 12643.
Supreme Court of Idaho.
Dec. 20, 1978.

[99 Idaho 718]

Page 1253

Frederick G. Loats, Coeur d'Alene, for claimant-appellant.

Cope R. Gale, Moscow, for respondent-employer.

R. LaVar Marsh, Deputy Atty. Gen., Roger B. Madsen, Asst. Atty. Gen., Boise, for respondent Dept. of Employment.

HARGRAVES, Justice Pro Tem.

Claimant was hired in January of 1974 by Gritman Memorial Hospital in Moscow, Idaho for employment as a surgical nurse with duties in the operating room. Claimant had had no prior experience as a surgical nurse and had to be trained for this position by the hospital. Her normal duty hours were from 7:00 a. m. until 3:30 p. m., though claimant and other nurses serving in surgery were permitted to leave after the last surgery was completed, which would frequently be at about noon; however, in any case they were paid for 81/2 hours each workday.

The surgical department of Gritman Memorial Hospital had a "policy manual" which set forth generally the operating room procedures and the duties of the respective personnel. Any revisions in the manual were discussed with the nurses prior to the implementation and in all cases the manual was available to all nurses, including the claimant.

It was a requirement of employer that operating room personnel be in the room promptly at 7:00 a. m., ready to commence pre-surgery duties. This rule was contained in the "policy manual." During the two years claimant was employed by Gritman she was late for work on many occasions. She had been admonished about this problem by her supervisor and counseled that such conduct would not be further tolerated. Finally, on January 5, 1976, claimant was again late for work and at that time was informed by the supervisor that she was terminated from the surgery department effective January 20, 1976. The reasons given for such termination were continued tardiness, being "flippant" with doctors and a general lack of interest (in her work).

After receiving the termination notice of January 5, 1976, but before the effective date of such termination, claimant was offered a job on the "second floor" of Gritman, which included departments of obstetrics, ophthalmology and gynecology, to commence on January 20, 1976. Claimant declined the offer.

Sometime following the 20th day of January, 1976, claimant filed for unemployment benefits under the Employment Security Law, but her claim was denied, for the reason that she had voluntarily left her job without good cause. A request for a redetermination was made and the Department of Employment submitted the matter to an appeals examiner who set a hearing date of April 20, 1976, at which time claimant failed to appear, apparently because of failure to receive notice. Subsequently, the Industrial Commission remanded the matter to the Department of Employment and additional hearings were conducted in Spokane, Washington on July 8, 1976 and in Moscow, Idaho on October 1, 1976. These [99 Idaho 719]

Page 1254

hearings resulted in a decision of an appeals examiner generally denying claimant's right to unemployment benefits. Upon request of claimant, the Industrial Commission ordered a "hearing on review" for the 18th day of April, 1977, in Moscow, Idaho. Following this review before a referee, an order was issued affirming the decision of the appeals examiner, which denied benefits, and said order, together with findings of fact and...

To continue reading

Request your trial
16 cases
  • Kyle v. Beco Corp., 14940
    • United States
    • United States State Supreme Court of Idaho
    • May 7, 1985
    ...party. See, e.g., Idaho State Bar Ass'n v. Idaho Pub. Util. Comm'n, 102 Idaho 672, 637 P.2d 1168 (1981); Weston v. Gritman Memorial Hosp., 99 Idaho 717, 587 P.2d 1252 (1978); Merco. Const. Engineers v. Municipal Court, 21 Cal.3d 724, 147 Cal.Rptr. 631, 581 P.2d 636 (1978); Algonac Mfg. Co. ......
  • Oxley v. Medicine Rock Specialties, Inc., 29446.
    • United States
    • United States State Supreme Court of Idaho
    • November 24, 2003
    ...665 P.2d 721 (1983), Harrelson v. Pine Crest Psychiatric Ctr., 107 Idaho 119, 686 P.2d 64 (1984), and Weston v. Gritman Memorial Hospital, 99 Idaho 717, 587 P.2d 1252 (1978), which hold that this Court can consider a course of conduct instead of a single event, and "there is no requirement ......
  • Smith v. Board of Review, Dept. of Labor, State of N.J.
    • United States
    • New Jersey Superior Court – Appellate Division
    • May 18, 1995
    ...cannot reasonably be viewed as the wilful disregard of policies established by the employer. See also Weston v. Gritman Memorial Hospital, 99 Idaho 717, 587 P.2d 1252, 1254-55 (1978) (repeated tardiness, flippancy and lack of interest in her work as a surgery nurse was "misconduct."); Wetze......
  • Roll v. City of Middleton, 14460
    • United States
    • United States State Supreme Court of Idaho
    • June 23, 1983
    ...before a claimant may be denied unemployment benefits for employment-related misconduct. Instead, in Weston v. Gritman Memorial Hospital, 99 Idaho 717, 587 P.2d 1252 (1978), this Court focused on the claimant's course of conduct, including frequent tardiness and neglect of duties, over a tw......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT