Moody v. Director, Department of Workforce Services
432 S.W.3d 157
Ark. Ct. App.2014Background
- Moody, a crew leader for the Arkansas Highway and Transportation Department, sought the Finish Grader vacancy and advised his supervisor that the selected employee was unsuitable.
- Moody's supervisor conducted crew interviews beginning October 18, 2010 to gauge support for the vacancy and Moody’s concerns.
- During the interviews, Belinda Rogers and Rebecca Bohannon alleged Moody harassed them with a flag paddle and inappropriate conduct; other witnesses corroborated some allegations.
- The EEO conducted the investigation, substantiated the allegations, and recommended Moody’s termination; Waite agreed with termination.
- Moody was terminated on November 29, 2010; the Department denied unemployment benefits under Ark. Code Ann. § 11-10-514(a) for misconduct.
- The Tribunal and Board of Review affirmed the denial; Moody appealed to the Arkansas Court of Appeals, which reviewed for substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Moody discharged for misconduct in connection with work? | Moody contends insufficient evidence of misconduct. | Employer asserts credible, substantiated harassment findings justify discharge. | Substantial evidence supports misconduct finding. |
| Was the record sufficiently developed for review? | Record allegedly underdeveloped due to trial constraints. | Record was adequately developed; hearing length and testimony admissible. | Record sufficiently developed; no due-process issue raised. |
Key Cases Cited
- Law Offices of Craig L. Cook v. Dir., Dep’t of Workforce Servs., 2013 Ark. App. 741 (Ark. App. 2013) (cited on standard for evidence and review in unemployment disputes)
- Bergman v. Dir., Dep’t of Workforce Servs., 2010 Ark. App. 729 (Ark. App. 2010) (substantial-evidence review; credibility determinations rely on Board)
- Coker v. Dir., Dep’t of Workforce Servs., 99 Ark. App. 455 (Ark. App. 2007) (definition of misconduct under Ark. Code Ann. § 11-10-514(a))
- King v. Dir.,, 80 Ark. App. 57 (Ark. App. 2002) (trustworthiness and integrity considerations in unemployment cases)
- Courtney v. Ward, 2012 Ark. App. 148 (Ark. App. 2012) (appeals standard and reliance on Board findings)