Millspaugh v. Dir.
2013 Ark. App. 450
Ark. Ct. App.2013Background
- Millspaugh was discharged from Discount Tobacco; Department denied unemployment benefits for misconduct under Ark. Code Ann. 11-10-514(a).
- Appeal Tribunal reversed the Department; Board of Review reversed the Tribunal.
- This court reversed the Board and remanded for benefits.
- Board found Millspaugh’s failure to report constituted misconduct despite lack of intent.
- Evidence showed Millspaugh reasonably believed her schedule was weekend-only and no schedule was posted for the coming week.
- Millspaugh notified her employer when she learned she was scheduled and did not report as planned; co-worker testified no schedule existed before Sunday night.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board erred in finding misconduct | Millspaugh argues no misconduct given lack of intent | Board found misconduct despite compelling schedule-notice issues | No substantial evidence of misconduct; Board reversal reversed |
| Whether misconduct requires intent beyond mere errors | Millspaugh contends absence of intent negates misconduct | Misconduct may arise from disregard of duties regardless of intent | Misconduct requires intent; record shows no intentional disregard by Millspaugh |
Key Cases Cited
- Rodriguez v. Dir., 2013 Ark. App. 361 (Ark. App. 2013) (substantial-evidence standard; misconduct requires more than mere error)
- Price v. Dir., 2013 Ark. App. 205 (Ark. App. 2013) (scope of review; Board must reasonably reach its decision based on the record)