Ridley v. Director, Department of Workforce Services
2016 Ark. App. 465
| Ark. Ct. App. | 2016Background
- Ridley worked as a dental assistant for Dr. David Peppers (hire Jan 2014); she left the practice on August 24, 2015, after learning a coworker planned to tell Dr. Peppers’s wife about exchanged nude text pictures.
- Ridley alleged the workplace involved sexual harassment (requests for nude photos, unwanted touching, proposition), verbal/mental abuse, and occasional violent conduct by Dr. Peppers; she admitted she sent nude pictures to him.
- On August 24, a coworker (Sponsel) and Mrs. Peppers told Ridley to leave immediately for safety; Ridley left and never returned; she was not told she was fired.
- Ridley filed for unemployment benefits; the agency denied benefits on the ground she voluntarily left without good cause; the Tribunal and Board of Review affirmed.
- The Board found Ridley voluntarily quit based on others’ recommendation, did not pursue remedies or attempt to return, and the Board discredited Ridley’s claim that she reasonably feared Dr. Peppers.
- The Court of Appeals applied the substantial-evidence standard, gave deference to the Board’s credibility findings, and affirmed the Board’s denial of benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ridley voluntarily left her employment | Ridley: she left because of abusive, harassing, and unsafe workplace conditions and Mrs. Peppers’ warning, making quitting necessary | Director/Employer: Ridley left voluntarily at the urging of others, was not fired, and could have returned; she did not seek to preserve her job | Held: Substantial evidence supports that Ridley voluntarily quit (no discharge) |
| Whether Ridley had "good cause connected with the work" to quit | Ridley: sexual harassment, verbal/mental abuse, drug abuse by employer, and a safety warning from Mrs. Peppers constituted good cause | Director/Employer: Board found her fear was not credible or reasonable; she failed to attempt to remedy or seek protection and did not ask to return | Held: Substantial evidence supports the Board’s finding she lacked good cause; credibility determinations were dispositive and entitled to deference |
Key Cases Cited
- Claflin v. Director, 53 Ark. App. 126, 920 S.W.2d 20 (definition of good-cause factual inquiry)
- Carpenter v. Director, 55 Ark. App. 39, 929 S.W.2d 177 (good cause defined by what would reasonably compel an average worker to quit)
- Teel v. Director, 270 Ark. 766, 606 S.W.2d 151 (consideration whether employee took steps to prevent or remedy mistreatment)
- Voss v. Director, 471 S.W.3d 661 (appellate standard: affirm if Board’s decision supported by substantial evidence)
- Relyea v. Director, 290 S.W.3d 34 (supervisor sexual harassment can constitute good cause to quit)
- McEwen v. Everett, 637 S.W.2d 617 (same principle regarding harassment as good cause)
- Weinstein v. Director, 428 S.W.3d 560 (credibility and weight of testimony are matters for the Board)