Current v. HADDONS FENCING, INC.
152 Idaho 10
| Idaho | 2011Background
- Current was Haddons Fencing's shop foreman from June 10, 2008 to September 12, 2009.
- On September 12, 2009, Current sought either a raise or guaranteed hours, which Haddons' owner Jan refused.
- Current asked to be laid off; Jan refused and told him to quit; he turned in his keys and corporate credit card.
- Around the same time, Current arranged to harvest for Wada Farms, with a start date of September 15, 2009.
- On September 14, 2009, Current filed an unemployment claim selecting 'lack of work/laid off'; Haddons reported that he quit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there substantial evidence of a willful false statement? | Current argues the misstatement was a mistaken belief, not willful. | Current's misstatement was willful and material under I.C. 72-1366(12). | Yes; substantial and competent evidence supports willful false statement. |
| Did the failure to call a witness render the hearing unfair? | Robin's testimony was relevant and should have been heard. | Robin's testimony was not arranged or relevant to the issues; examiner did not abuse discretion. | No; examiner did not abuse discretion; Robin's testimony was not necessary. |
Key Cases Cited
- Meyer v. Skyline Mobile Homes, 99 Idaho 754 (Idaho 1979) (materiality defined; standard for determining material facts)
- Woods v. Ewins, 138 Idaho 343 (Idaho 2003) (deference to commission on credibility and factual determinations)
- Buckham v. Idaho Elk's Rehabilitation Hosp., 141 Idaho 338 (Idaho 2005) (substantial evidence standard for commission findings)
- Ginther v. Boise Cascade Corp., 150 Idaho 143 (Idaho 2010) (standard of review; deference to commission unless clearly erroneous)
