Alford v. Ky. Unemployment Ins. Comm'n

568 S.W.3d 367
CourtCourt of Appeals of Kentucky
DecidedOctober 19, 2018
DocketNO. 2017-CA-000888-MR
StatusPublished
Cited by5 cases

This text of 568 S.W.3d 367 (Alford v. Ky. Unemployment Ins. Comm'n) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alford v. Ky. Unemployment Ins. Comm'n, 568 S.W.3d 367 (Ky. Ct. App. 2018).

Opinion

MAZE, JUDGE:

Kenneth Alford appeals from an order of the Ohio Circuit Court affirming a decision by the Kentucky Unemployment Insurance Commission (the Commission) finding that he was disqualified from receiving benefits because he was discharged for misconduct or dishonesty related to his employment. Alford argues that the Commission substituted its own judgment for the reasons given by his employer for the termination. We conclude that the Commission was authorized to consider the conduct on which the employer based the termination, rather than merely the identified rules which the employer claimed that Alford violated. Since the finding of dishonesty was supported by substantial evidence, *369we affirm the circuit court's decision upholding the Commission's ruling.

Alford was employed by the Ohio County Board of Education (the Board) as a teacher at Ohio County High School from August 6, 2002, until his termination on August 18, 2015. The Board terminated his employment based on accusations that he had provided students with the correct answers to online quizzes. Although Alford denied the accusations, the Board concluded that his actions constituted "conduct unbecoming a teacher," and "failure to provide educational services in a non-discriminatory manner." Consequently, the Board terminated Alford's employment.1

Thereafter, Alford filed a claim for unemployment insurance benefits. The claim was denied based on the Board's response that Alford was discharged for misconduct. Alford appealed to the Referee, who conducted a hearing on November 30, 2015. The Referee concluded that Alford was discharged for misconduct or dishonesty connected with his work and was therefore disqualified from receiving benefits.

On further appeal, the Commission found that the Board's stated reasons for discharging Alford, "conduct unbecoming" and "discriminatory treatment," were vague and overly broad. As a result, the Commission concluded that Alford's actions could not constitute a "knowing violation of a reasonable and uniformly enforced rule of an employer." KRS2 341.370(6). Nevertheless, the Commission agreed with the Referee that Alford's actions clearly amounted to dishonesty and a willful disregard of his employer's interests and his duties to his employer. Based on this conclusion, the Commission agreed that Alford remained disqualified from receiving benefits. Alford appealed to the Ohio Circuit Court, which affirmed for the same reasons. This appeal followed.

In Kentucky Unemployment Ins. Comm'n v. Cecil , 381 S.W.3d 238 (Ky. 2012), our Supreme Court set out the standard of review for appeals from unemployment insurance determinations.

Judicial review of a decision of the Kentucky Unemployment Insurance Commission is governed by the general rule applicable to administrative actions. "If the findings of fact are supported by substantial evidence of probative value, then they must be accepted as binding and it must then be determined whether or not the administrative agency has applied the correct rule of law to the facts so found." Southern Bell Tel. & Tel. Co. v. Kentucky Unemployment Ins. Comm'n , 437 S.W.2d 775, 778 (Ky. 1969) (citing Brown Hotel Co. v. Edwards , 365 S.W.2d 299 (Ky. 1962) ). Substantial evidence has been defined as evidence which has sufficient probative value to induce conviction in the minds of reasonable people. Kentucky State Racing Comm'n v. Fuller , 481 S.W.2d 298, 308 (Ky. 1972). If there is substantial *370evidence in the record to support an agency's findings, the findings will be upheld, even though there may be conflicting evidence in the record. Kentucky Comm'n on Human Rights v. Fraser , 625 S.W.2d 852, 856 (Ky. 1981). An agency's findings are clearly erroneous if arbitrary or unsupported by substantial evidence in the record. Id. If the reviewing court concludes the rule of law was correctly applied to facts supported by substantial evidence, the final order of the agency must be affirmed. Brown Hotel Co. , 365 S.W.2d at 302.

Id. at 245-46.

Alford primarily argues that the Commission was not authorized to base his disqualification from receiving benefits on a different reason than that offered by the Board. The Commission has broad authority to re-weigh the evidence and to make a final determination based on that evidence. Burch v. Taylor Drug Store, Inc. , 965 S.W.2d 830, 834 (Ky. App. 1998), abrogated on other grounds by Cecil, supra. See also KRS3 341.430(1). We conclude that the Referee and the Commission were entitled to base their findings of disqualification on Alford's conduct, rather than merely the specific rules cited by the Board as a basis for his termination.

The employer bears the burden of proof in establishing that the claimant should be disqualified from receiving benefits because of misconduct. Brown Hotel , 365 S.W.2d at 301. However, the employee bears the overall burden of proof regarding his entitlement to benefits. Id. KRS 341.370(1)(b) disqualifies a worker from benefits following a discharge for misconduct or dishonesty connected with the work. Examples of "discharge for misconduct"

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Bluebook (online)
568 S.W.3d 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alford-v-ky-unemployment-ins-commn-kyctapp-2018.