Shatarra Welch v. Director, Department of Workforce Services, and Motel 6
588 S.W.3d 787
Ark. Ct. App.2019Background:
- Shatarra Welch applied for unemployment benefits after an employment separation involving Motel 6 and the Department of Workforce Services.
- Employer-submitted forms and letters listed Welch’s separation as a discharge on October 8 for absenteeism/unreliability; employer later said Welch could be reconsidered if she met the owner after October 12.
- Welch testified she received a manager text on October 8 telling her “do not return to work” and that she did not attend an October 12 meeting because she believed she had already been discharged.
- The Arkansas Board of Review concluded Welch voluntarily left her job without good cause and disqualified her from benefits under Ark. Code Ann. § 11-10-513(a)(1).
- The Court of Appeals held the Board’s finding was not supported by substantial evidence (both sides’ records showed a discharge on October 8) and reversed and remanded for the Board to determine entitlement under the misconduct statute.
- A dissent argued the appellate court should have ordered the Board to review additional text-message evidence Welch submitted on appeal rather than remanding without ordering that evidence considered.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Welch voluntarily left employment or was discharged | Welch: manager texted on Oct. 8 telling her not to return; she was discharged | Employer: termination for reliability/absenteeism; offered reconsideration if she met owner after Oct. 12 | Court: Board’s finding of voluntary quit not supported by substantial evidence; reversed and remanded for Board to assess entitlement under misconduct statute |
| Whether the court should order the Board to receive additional evidence (texts) | Welch: additional Oct. 8 texts prove she was discharged and should be added to the record | Appellees/Board: case decided on the existing record; majority did not order additional evidence | Court majority: reversed/remanded without ordering the Board to take the additional texts; dissent: court should have ordered Board to review them |
Key Cases Cited
- Davis v. Dir., 2013 Ark. App. 515 (articulates substantial-evidence standard of appellate review of Board findings)
- Jones v. Dir. of Ark. Emp't Sec. Dep't., 61 Ark. App. 155 (court may order additional evidence to be taken before the Board for it to modify findings)