Ginther v. Boise Cascade Corp.
150 Idaho 143
| Idaho | 2010Background
- Ginther was employed by Boise Paper Holdings, L.L.C. (Boise) as a flexo operator beginning August 24, 2006.
- He faced multiple disciplinary actions for quality assurance issues, culminating in a last-chance agreement dated August 18, 2008.
- On October 9, 2008, Ginther allegedly failed to perform required quality checks before a print run, leading Boise to suspect misconduct.
- Ginther produced a defect-free setup box while defective boxes appeared on the run, suggesting dishonesty about pre-run checks.
- Boise terminated Ginther on October 14, 2008 for violating the last-chance agreement and for dishonesty.
- The Idaho Department of Labor denied Ginther unemployment benefits, finding misconduct; Ginther appealed to the Appeals Bureau and then to the Idaho Industrial Commission, which affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of the exhibits issue due to failure to object | Ginther claims exclusion of exhibits violated due process | Boise contends Ginther waived by not objecting | Waived; not considered on appeal |
| Whether substantial evidence supports misconduct finding | Ginther argues coincidental error and shared responsibility negate misconduct | Boise shows Ginther failed to ensure checks were performed | Supported; evidence showed Ginther did not perform or ensure checks as required |
| Whether Boise's standard of behavior and last-chance agreement reasonably imposed responsibility for checks on Ginther | Ginther contends responsibility was shared with an assistant | Boise reasonably required Ginther to perform checks under the agreement | Reasonable standard; misconduct supported by evidence |
Key Cases Cited
- Welch v. Cowles Publishing Co., 127 Idaho 361 (Idaho, 1995) (substantial evidence standard for misconduct; behavior below employer's standard)
- Matthews v. Bucyrus-Erie Co., 101 Idaho 657 (Idaho, 1980) (standard of behavior analysis; subjective intent not required)
- Quinn v. J.R. Simplot Co., 131 Idaho 318 (Idaho, 1998) (misconduct defined by disregard of employer rules or standards)
- Beaty v. City of Idaho Falls, 110 Idaho 891 (Idaho, 1986) (work-related misconduct inquiry; employer's right to expect certain behavior)
- Chapman v. NYK Line N.A., Inc., 147 Idaho 178 (Idaho, 2009) (test for misconduct; reasonableness of employer’s expectations)
- Hoppe v. McDonald, 103 Idaho 33 (Idaho, 1982) (waiver of objections in prior proceeding; appellate consideration limits)