Opinion

Coker v. Director, Department of Workforce Services

  • 99 Ark. App. 455
  • 262 S.W.3d 175
  • 2007 Ark. App. LEXIS 608
Court
Court of Appeals of Arkansas
Filed
Sep 12, 2007
Status
Published
Author
Griffen
On the bench
David M. Glover
Cited by
12 cases
Authority
More cited than 10.3%

The opinion

Wendell L. Griffen, Judge, dissenting. I would reverse and hold that the Board’s decision on misconduct is not supported by substantial evidence. The claimant failed to get clarification concerning the conflicting instructions she was given. However, her actions were in no way detrimental to the employer’s interest. Although Coleman and Barraza gave the claimant conflicting instmctions, the claimant’s purchases with the firm credit card were authorized by Barraza, and the claimant filed the pleadings that Coleman directed her to file.

I do not see how the claimant’s conduct involved disregard of her employment duties and obligations, disregard of the standards of behavior for her workplace, violation of the employer’s rules, or disregard for the employer’s interest so as to constitute misconduct as that term is defined by Grigsby v. Everett, 8 Ark. App. 188 , 649 S.W.2d 404 (1983). Instead, the evidence in this case does not demonstrate the intent required for misconduct. In that sense, this case warrants reversal even more than was true in Greenberg v. Director, 53 Ark. App. 295 , 922 S.W.2d 5 (1996), where we reversed the Board of Review for denying benefits to a legal secretary who was rather inept.

Here, the claimant received conflicting instructions, and appears to have been fired for trying to accomplish the tasks she was assigned by Coleman and Barraza. She might have exercised better judgment, but I do not see how she intentionally acted contrary to the law firm’s interests. Consequently, I vote to reverse and remand for benefits.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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