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Foots v. Director12/7/2005
NOT DESIGNATED FOR PUBLICATION
This is an ESD case involving appellant, Anthony Foots, who began his employment with appellee Trefilarbed Arkansas, Inc., in December 1997, working as a senior maintenance technician. Mr. Foots received a three-day suspension for the period of August 13, 16, and 17, 2004, and he was discharged on August 31. He appeals from the Board of Review's denial of his claims for unemployment benefits with respect to both his suspension and his discharge. We affirm.
On appeal, we review the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Board's findings, and we will affirm the Board's decision if it is supported by substantial evidence. Oliver v. Director, 80 Ark. App. 275, 94 S.W.3d 362 (2002). Substantial evidence is such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Id. Even when there is evidence upon which the Board of Review might have reached a different decision, the scope of our review is limited to a determination of whether the Board reasonably could have reached the decision it did based upon the evidence before it. Id.
Three-Day Suspension
For his first point of appeal, appellant challenges the Board's denial of unemployment benefits for his three-day period of suspension, August 13, 16, and 17, based upon misconduct connected with the work. Appellant contends that his actions did not constitute misconduct. We disagree.
Arkansas Code Annotated section 11-10-514(c) (Repl. 2002) provides:
(c)(1) If so found by the director, an individual shall be disqualified for benefits if he or she is suspended from his or her last work for misconduct in connection with the work.
(2) Except as otherwise provided, the disqualification shall be for the duration of the suspension or eight (8) weeks, whichever is the lesser.
(Emphasis added.)
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, and 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.
Pacheco v. Director, ____ Ark. App. ____, ____, ____ S.W.3d ____, _____ ( June 29, 2005). Additionally, the credibility of witnesses and the weight to be accorded their testimony are matters to be resolved by the Board of Review. Id.
"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 of his employees, and (4) disregard of the employee's duties and obligations to his employer. Id. To constitute misconduct, 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
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