{ "id": 6140229, "name": "POCAHONTAS ELECTRONICS v. DIRECTOR, DEPARTMENT of WORKFORCE SERVICES, and Dotty Davis", "name_abbreviation": "Pocahontas Electronics v. Director, Department of Workforce Services", "decision_date": "2006-09-27", "docket_number": "E 05-257", "first_page": "227", "last_page": "230", "citations": [ { "type": "official", "cite": "96 Ark. App. 227" }, { "type": "parallel", "cite": "240 S.W.3d 130" } ], "court": { "name_abbreviation": "Ark. Ct. App.", "id": 13370, "name": "Arkansas Court of Appeals" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "1 Ark. App. 6", "category": "reporters:state", "reporter": "Ark. App.", "case_ids": [ 6136127 ], "weight": 2, "year": 1981, "opinion_index": 0, "case_paths": [ "/ark-app/1/0006-01" ] }, { "cite": "9 Ark.App. 59", "category": "reporters:state", "reporter": "Ark. App.", "case_ids": [ 6137142 ], "weight": 4, "year": 1983, "opinion_index": 0, "case_paths": [ "/ark-app/9/0059-01" ] }, { "cite": "Ark. Code Ann. \u00a7 11-10-529", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "year": 1987, "pin_cites": [ { "page": "(c)(1)" } ], "opinion_index": 0 }, { "cite": "269 Ark. 679", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1712439 ], "weight": 2, "year": 1980, "opinion_index": 0, "case_paths": [ "/ark/269/0679-01" ] }, { "cite": "28 Ark. App. 337", "category": "reporters:state", "reporter": "Ark. App.", "case_ids": [ 6141861 ], "weight": 2, "year": 1989, "opinion_index": 0, "case_paths": [ "/ark-app/28/0337-01" ] }, { "cite": "Ark. Code Ann. \u00a7 11-10-515", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "year": 1991, "pin_cites": [ { "page": "(c)" } ], "opinion_index": 0 }, { "cite": "606 S.W.2d 151", "category": "reporters:state_regional", "reporter": "S.W.2d", "case_ids": [ 1709299 ], "weight": 2, "year": 1980, "opinion_index": 0, "case_paths": [ "/ark/270/0766-01" ] }, { "cite": "267 Ark. 1081", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1719785 ], "weight": 2, "year": 1980, "opinion_index": 0, "case_paths": [ "/ark/267/1081-01" ] }, { "cite": "567 S.W.2d 954", "category": "reporters:state_regional", "reporter": "S.W.2d", "case_ids": [ 1672690 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/ark/263/0897-01" ] }, { "cite": "42 Ark. App. 218", "category": "reporters:state", "reporter": "Ark. App.", "case_ids": [ 6140277 ], "weight": 2, "year": 1993, "pin_cites": [ { "page": "221" }, { "page": "638" } ], "opinion_index": 0, "case_paths": [ "/ark-app/42/0218-01" ] } ], "analysis": { "cardinality": 415, "char_count": 6438, "ocr_confidence": 0.751, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.17491946441665132 }, "sha256": "a8c0e5a0fbfce5cc12d93a54a3892205b7a5982b5e3e007eee169520bdfd04cd", "simhash": "1:09ab8011e504ff5b", "word_count": 1031 }, "last_updated": "2023-07-14T22:00:30.615780+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Hart and Crabtree, JJ., agree." ], "parties": [ "POCAHONTAS ELECTRONICS v. DIRECTOR, DEPARTMENT of WORKFORCE SERVICES, and Dotty Davis" ], "opinions": [ { "text": "David M. Glover, Judge.\nAppellee Dotty Davis was employed by appellant, Pocahontas Electronics, as a data-entry clerk. The history of appellee\u2019s claim for unemployment benefits was as follows: she was initially disqualified by the Department of Workforce Services because it found that she left her work voluntarily and without good cause connected to the work; she appealed to the Appeal Tribunal, which affirmed the initial denial of benefits; and she then appealed to the Board of Review, which reversed the Appeal Tribunal and concluded that appellee voluntarily left her job with good cause connected to the work. Appellant challenges the Board of Review\u2019s conclusion. We affirm.\nThe facts of this case are essentially undisputed. Davis explained at the hearing before the Appeal Tribunal that in the spring of2005, she became aware that Nancy Geelhoed, one of the owners of Pocahontas Electronics, suspected her of using methamphetamine, and that Geelhoed had talked to her own ex-son-in-law about those suspicions. Davis confronted Geelhoed about the situation. Geelhoed confirmed not only that she had talked to her ex-son-in-law about her suspicions, but also that she believed them to be true. Davis denied that she was using drugs, and Geelhoed called her a \u201cf-ing liar.\u201d Approximately fifteen minutes later, Davis turned in her keys to the building and left. She did not speak to the other co-owner, Zachary Geelhoed, who was her day-to-day supervisor, because he was not on the premises at the time. Apparently, cell-phone reception was poor, and appel-lee\u2019s efforts to call him, as well as his efforts to return her calls, were unsuccessful.\nNancy Geelhoed explained that she spoke to her ex-son-in-law at her daughter\u2019s suggestion because he had formerly used methamphetamine and the daughter thought that he could help identify the signs or indications of meth use. She acknowledged that when appellee confronted her and denied using drugs that she called appellee a liar and might have used the phrase \u201cf-ing liar.\u201d\nStandard of Review\nAs this court explained in Perdrix-Wang v. Director, 42 Ark. App. 218, 221, 856 S.W.2d 636, 638 (1993):\nArkansas Code Annotated \u00a7 11-10-513 (1987) provides in pertinent part that an individual shall be disqualified from receiving unemployment benefits if she left her last work \u201cvoluntarily and without good cause connected with the work.\u201d Ark. Code Ann. \u00a7 ll-10-513(a)(l). A claimant bears the burden of proving good cause by a preponderance of the evidence. Harris v. Daniels, 263 Ark.897, 567 S.W.2d 954 (1978); Tate v. Director, 267 Ark. 1081, 593 S.W.2d 501 (Ark.App. 1980). Good cause has been defined as a cause that would reasonably impel the average able-bodied, qualified worker to give up his or her employment. Teel v. Daniels, 270 Ark.766, 606 S.W.2d 151 (Ark.App. 1980). It is dependent not only on the good faith of the employee involved, which includes the presence of a genuine desire to work and to be self-supporting, but also on the reaction of the average employee. Id. In determining the existence of good cause for voluntarily leaving one\u2019s work under \u00a7 11-10-513, factors to be considered include the degree of risk to one\u2019s health, safety, and morals, and her physical fitness, prior training, and experience. Ark. Code Ann. \u00a7 11-10-515(c) (Supp. 1991). What constitutes good cause is ordinarily a question of fact for the Board to determine from the particular circumstances of each case. Roberson v. Director, 28 Ark. App. 337, 775 S.W.2d 82 (1989); Rose v. Daniels, 269 Ark. 679, 599 S.W.2d 762 (Ark. App. 1980).\nOn appeal, the findings of fact of the Board of Review are conclusive if they are supported by substantial evidence. Ark. Code Ann. \u00a7 11-10-529(c)(1) (1987); Feagin v. Everett, 9 Ark.App. 59, 652 S.W.2d 839 (1983). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Victor Industries Corp. v. Daniels, 1 Ark. App. 6, 611 S.W.2d 794 (1981). We review the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Board\u2019s findings. Feagin v. Everett, supra. Even when there is evidence upon which the Board might have reached a different decision, the scope ofjudicial review is limited to a determination of whether the Board could reasonably reach its decision upon the evidence before it. Id.\nAppellant\u2019s argument on appeal is that the Board\u2019s decision is not supported by substantial evidence and that the Board failed to take into consideration appellee\u2019s failure to take appropriate steps to rectify the problem, which appellant contends would have included an offer to submit to a drug test. The Board, however, did not base its decision upon the fact that Geelhoed talked to her ex-son-in-law about her suspicions of appellee\u2019s drug use. Rather, it was the fact that when Geelhoed accused appellee of using methamphetamine and appellee denied such use, Geelhoed then called her a \u201cf-ing liar,\u201d which convinced the Board that such a confrontation would reasonably impel an average able-bodied, qualified worker to give up his or her employment. According to the Board\u2019s opinion:\nThere is nothing particularly wrong with the co-owner asking her former son-in-law about the symptoms of illegal drug use or revealing that she \u201csuspected\u201d the claimant of using [methamphetamine]. However, the co-owner accused the claimant of using [methamphetamine] and when the claimant denied using the illegal drug, the owner called her a \u201cf[-]ing bar.\u201d . . . The evidence does not establish that the claimant used the illegal drug, although it is understandable that the employer might have suspected it. The claimant acted in good faith when she confronted the co-owner to deny the allegation and try to prevent the spread of such an allegation. The employer\u2019s response (calling the claimant a \u2018f[-]ing bar\u2019) would have impebed the average, able-bodied, quahfied individual to give up the job.\nViewing the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Board\u2019s findings, we hold that they are supported by substantial evidence.\nAffirmed.\nHart and Crabtree, JJ., agree.", "type": "majority", "author": "David M. Glover, Judge." } ], "attorneys": [ "Joseph Grinder, for appellant.", "Allan Pruitt, for appellees." ], "corrections": "", "head_matter": "POCAHONTAS ELECTRONICS v. DIRECTOR, DEPARTMENT of WORKFORCE SERVICES, and Dotty Davis\nE 05-257\n240 S.W.3d 130\nCourt of Appeals of Arkansas\nOpinion delivered September 27, 2006\nJoseph Grinder, for appellant.\nAllan Pruitt, for appellees." }, "file_name": "0227-01", "first_page_order": 255, "last_page_order": 258 }