Davis v. Dir.
2013 Ark. App. 515
Ark. Ct. App.2013Background
- Cathy Davis was a special-education teacher at Fountain Lake School since 2006 and resigned on April 10, 2012, the day a school-board hearing on the superintendent’s recommendation to terminate her was scheduled.
- Superintendent suspended Davis with pay (Feb. 27, 2012) and recommended termination for failing to report allegations that a fellow teacher sent inappropriate texts to a student and may have kissed the student.
- Davis testified the student had told her the matter was already reported to the principal, school lawyer, and DHS; Davis did not report it herself for that reason.
- After the superintendent’s recommendation, Davis retained counsel; counsel advised that the board routinely upheld the superintendent and that a hearing likely would result in termination and public disclosure.
- Davis resigned instead of attending the board hearing and applied for unemployment benefits; the Board of Review denied benefits, finding she voluntarily quit without good cause connected with the work.
Issues
| Issue | Plaintiff's Argument (Davis) | Defendant's Argument (Board/School) | Held |
|---|---|---|---|
| Whether Davis quit for "good cause connected with the work" and thus is eligible for unemployment benefits | Resignation was compelled by a likely termination and reputational harm; counsel’s advice and community “firestorm” made quitting reasonable | No final decision to terminate had been made; Davis failed to preserve job rights by not pursuing the scheduled hearing; her testimony was not dispositive | The Board’s finding that Davis lacked good cause is supported by substantial evidence; benefits denied |
Key Cases Cited
- Owens v. Director, Arkansas Employment Security Department, 55 Ark. App. 255, 935 S.W.2d 285 (1996) (claimant bears burden to show quitting was for good cause connected with work)
- Anderson v. Director, Arkansas Employment Security Department, 59 Ark. App. 266, 957 S.W.2d 712 (1997) (termination must be shown to be likely; resignation in lieu of uncertain discharge does not necessarily constitute good cause)
- Lewis v. Director, Arkansas Employment Security Department, 84 Ark. App. 381, 141 S.W.3d 896 (2004) (employee must make reasonable efforts to preserve job rights to qualify for benefits)
- Coker v. Director, Department of Workforce Services, 99 Ark. App. 455, 262 S.W.3d 175 (2007) (defines substantial evidence review standard)
- Velder v. Crown Exploration Co., 10 Ark. App. 273, 663 S.W.2d 205 (1984) (party’s testimony is not inherently undisputed; credibility is for the factfinder)