Slade v. Butler
317 Ga. App. 688
| Ga. Ct. App. | 2012Background
- Slade was employed by APS as a bus driver for 14 years and was terminated for involvement in two minor auto accidents.
- APS denied Slade unemployment benefits alleging disqualifying discharge under OCGA § 34-8-194 (2) (A) for failure to obey policies.
- A Department of Labor hearing officer upheld the denial, and the Board of Review and Fulton County Superior Court affirmed.
- The Fleet Safety Policy 2009 and its August 2010 amendment governed driver conviction/at-fault thresholds and were ambiguous as to “at-fault” meaning.
- Slade received the 2009 policy in 2009 and the amended 2010 policy five months after her second accident; 2010 policy changed the standard to more clearly permit termination for more than one at-fault accident.
- The appellate court reversed, finding the 2009 policy ambiguous and that retroactive application of the 2010 policy did not cure the ambiguity or prove deliberate fault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the discharge was for deliberate fault. | Slade argues the 2009 policy was ambiguous and she did not knowingly disobey it. | APS argues Slade violated a clear standard by having more than one at‑fault accident under both policies. | No; ambiguity existed and burden not met. |
| Whether the 2010 policy retroactively cured ambiguity. | Retroactive application of the 2010 policy does not cure ambiguity in the 2009 policy as it was not in effect at the time. | The 2010 policy clarifies the standard and supports disqualification for more than one at‑fault accident. | No; retroactive application not permitted to cure prior ambiguity. |
| Whether Slade knowingly violated APS policies. | Reasonable interpretations of the 2009 policy could allow two at‑fault accidents without terminating. | Slade’s conduct breached the applicable policy as understood at the time of violation. | No; Slade’s interpretation was reasonable; no conscious fault shown. |
Key Cases Cited
- Davane v. Thurmond, 300 Ga. App. 474 (2009) (disqualification requires deliberate, conscious fault; bona fide effort to comply weighs against fault)
- Jamal v. Thurmond, 263 Ga. App. 320 (2003) (employer must show preponderance of evidence of disqualifying fault)
- Barron v. Poythress, 219 Ga. App. 775 (1996) (unemployment benefits favored when employee unemployed through no fault)
- MCG Health v. Whitfield, 302 Ga. App. 408 (2010) (standard of review in administrative appeals: affirm agency final decision if supported by record)