Jones v. Director, Department of Workforce Services
470 S.W.3d 277
Ark. Ct. App.2015Background
- Chelsea Jones worked as a dental hygienist for William St. John for 18 months and was discharged on May 22, 2014.
- St. John submitted a written statement (did not testify) saying Jones was discharged after a May 21 phone call in which she was allegedly argumentative and complained about his treatment of patients and staff; he said she had been repeatedly told to inform him personally about scheduling/health issues.
- Jones testified she routinely informed the office manager about scheduling and had told the manager on May 16 about outpatient surgery scheduled for May 30 (office was closed that day); she called St. John the evening of May 21 as requested and the call became heated.
- The Board found Jones was discharged for misconduct for the “rude and offensive manner” in which she argued with St. John and denied unemployment benefits.
- The Appeal Tribunal decision was deemed the Board’s decision; Jones appealed to the Arkansas Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jones was discharged for misconduct barring unemployment benefits | Jones: isolated rudeness on one evening call does not meet misconduct standard; she routinely notified manager about schedule | St. John: Jones was argumentative, defensive, and had been told to inform him personally; her attitude justified discharge | Reversed — isolated, single instance of rudeness without policy violation or intent does not constitute disqualifying misconduct |
Key Cases Cited
- Hubbard v. Dir., 460 S.W.3d 294 (Ark. Ct. App. 2015) (defines substantial-evidence review and explains misconduct requires intentional or willful disregard)
