Pecic v. Department of Workforce Services
2011 UT App 115
| Utah Ct. App. | 2011Background
- Pecic seeks judicial review of the Workforce Board of Appeals's December 1, 2010 decision denying unemployment benefits.
- The Board upheld that Pecic was terminated for just cause based on her conduct in updating food temperature logs without checking temperatures.
- Just cause requires employer-culpability, knowledge, and control under Utah law.
- The Board found Pecic failed to check temperatures, exposing the employer to liability, and relied on prior warnings that such conduct would not be tolerated.
- Pecic argues the Board should not override conflicting evidence, but the appellate court defers to the Board on factual inferences and upholds substantial evidence supporting the Board’s factual findings.
- The court affirms the Board’s decision as reasonable and within the bounds of its authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Pecic terminated for just cause? | Pecic argues no just cause given conflicting evidence. | Pecic's conduct endangered the employer and violated warnings. | Yes; substantial evidence supports just cause. |
| Is there substantial evidence of culpability? | Pecic disputes the severity and implications of her actions. | Pecic failed to perform required temperature checks. | Yes; culpability established. |
| Was knowledge established regarding the expected conduct? | Pecic claims lack of awareness of expectations. | Pecic knew or should have known to perform and log checks. | Yes; knowledge established. |
| Was control element satisfied? | Pecic contends actions were not within control. | Pecic could have performed the tests but did not. | Yes; control established. |
Key Cases Cited
- Hurley v. Board of Review of Indus. Comm'n, 767 P.2d 524 (Utah 1988) (deferential review of factual findings; substantial evidence standard)
- Johnson v. Department of Emp. Sec., 782 P.2d 965 (Utah Ct.App.1989) (appellate review of application of law to facts; reasonableness standard)
- Grace Drilling Co. v. Board of Review, 776 P.2d 63 (Utah Ct.App.1989) (Board resolves conflicting evidence and draws inferences)