322 Ga. App. 220
Ga. Ct. App.2013Background
- Williams was terminated in December 2009 for fighting a co-worker at PVH and later rehired after an agreement with her union.
- Upon rehiring on February 15, 2010, PVH placed her on a 60-day probation with a warning that any write-up would result in termination.
- Her new role was order-picking in a different area than she trained for, requiring specialized training from February 15–17, 2010.
- Over the next two weeks she repeatedly exceeded the 2.5% error threshold for order picking, despite her best efforts, and she told a union steward she was having difficulty but did not inform supervisors.
- On March 3, 2010 she was written up for this error-rate violation and terminated; unemployment benefits were initially granted, then reversed by the AHO, Board, and Cobb Superior Court.
- The issue on appeal centers on whether Williams was disqualified for unemployment benefits due to fault, under OCGA § 34-8-194, and whether the Board properly applied the law and evidence standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams was disqualified for benefits due to fault | Williams contends she tried her best and had no conscious fault. | PVH argues the discharge was caused by Williams's fault in performing duties. | Williams not at fault; disqualification reversed. |
Key Cases Cited
- Teal v. Thurmond, 310 Ga. App. 312 (Ga. App. 2011) (citation discusses related evidentiary/public-policy considerations)
- Solinet v. Johnson, 280 Ga. App. 227 (Ga. App. 2006) (focuses on evidentiary standards in unemployment contexts)
- Millen v. Caldwell, 253 Ga. 112 (Ga. 1984) (public policy against unemployment insecurity)
- Lamb v. Tanner, 178 Ga. App. 740 (Ga. App. 1986) (fault notion requires more than mere failure; may require deliberate or negligent conduct)
- Fulton County School Dist. v. Hersh, 320 Ga. App. 808 (Ga. App. 2013) (diversity of fault standards in employment contexts; supports strict view of fault)