Baier v. Job Service North Dakota

2004 ND 27, 673 N.W.2d 923, 2004 N.D. LEXIS 37, 2004 WL 148755
CourtNorth Dakota Supreme Court
DecidedJanuary 28, 2004
Docket20030287
StatusPublished
Cited by14 cases

This text of 2004 ND 27 (Baier v. Job Service North Dakota) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baier v. Job Service North Dakota, 2004 ND 27, 673 N.W.2d 923, 2004 N.D. LEXIS 37, 2004 WL 148755 (N.D. 2004).

Opinion

VANDE WALLE, Chief Justice.

[¶ 1] Sheila K. Baier appealed from a judgment of the district court affirming Job Service North Dakota’s denial of her application for unemployment benefits. We hold the agency’s decision that Baier was discharged from her job for misconduct, thereby disqualifying her from receiving unemployment benefits, is sup *925 ported by a preponderance of the evidence, and we affirm.

I

[¶ 2] On October 6, 2001, Baier, currently age 37, began employment as a customer service worker with Prairie Chicken, Inc., doing business as Big Boy in Bismarck. The business is a fast-food restaurant and, as a customer service worker, Baier would pack chicken for orders, make drinks, sweep the floors, stock supplies, wash dishes, and do other similar duties. In December 2002, Baier complained to Donald Brandt, the restaurant’s manager who also supervised Baier, that a coworker, currently age 18, “was picking on her and calling her names.” Brandt met with Baier and the coworker on December 31, 2002. He instructed them to stay away from each other, and he scheduled them to begin working different shifts. He also told the coworker to stop the harassing conduct.

[¶ 3] Baier continued to feel she was being harassed by the coworker. She did not inform Brandt about it, but on January 7, 2003, she filed a complaint with local law enforcement. The police investigated the matter and visited about it with Brandt and other employees at the business. On January 16, 2003, the police department informed Baier there was inadequate support for her complaint and the officers would not pursue the matter any further. Baier became angry and placed a telephone call to Brandt on that day. During the telephone conversation, she told Brandt he had lied to the police and also had caused other employees to lie to the police. She told Brandt she would not allow him to date her or to be her boyfriend. Brandt immediately informed Baier that she was being terminated and that she need not come back to work.

[¶4] After she was terminated, Baier applied for unemployment benefits. The application was initially accepted and the employer requested a review. After an evidentiary hearing, an administrative referee determined Baier was terminated for misconduct on the job which disqualified her from receiving unemployment benefits. The case was appealed to the district court, which affirmed the agency’s decision.

II

[¶ 5] On appeal, Baier asserts Job Service erred in concluding her statements made to the manager during the January 16, 2003, phone call constituted misconduct for purposes of disqualifying her from receiving unemployment compensation benefits. The unemployment compensation program is a joint federal-state system in which each state receives federal funds and administers the program. Morris v. Job Service North Dakota, 2003 ND 45, ¶ 6, 658 N.W.2d 345. The dual objectives of unemployment compensation are to soften the harsh impact of involuntary unemployment and the competing objective of protecting employers from “quits” that have nothing to do with the employer or the employment and from dismissals based upon employee misconduct'. Johnson v. Job Service North Dakota, 1999 ND 42, ¶ 10, 590 N.W.2d 877. A person is disqualified from receiving unemployment benefits under N.D.C.C. § 52-06-02(2) if discharged for misconduct in connection with employment. Stalcup v. Job Service North Dakota , 1999 ND 67, ¶ 7, 592 N.W.2d 549. Although not defined by statute, the term “misconduct” is defined in our caselaw:

Misconduct is limited to conduct evincing such wilful [sic] or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employ *926 er has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, -wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer.

Id.

[¶ 6] In an appeal from an administrative agency decision, we review the decision of the administrative agency, rather than that of the district court, although the district court’s analysis is entitled to respect. Wanner v. North Dakota Workers Compensation Bureau, 2002 ND 201, ¶ 8, 654 N.W.2d 760. Under N.D.C.C. §§ 28-82-46 and 28-32-49, we affirm an agency’s decision unless (1) the decision is not in accordance with the law; (2) the decision violates the appellant’s constitutional rights; (3) the provisions of N.D.C.C. ch. 28-82 have not been complied with in the agency’s proceedings; (4) the agency’s rules or procedure have not afforded the appellant a fair hearing; (5) the agency’s findings of fact are not supported by a preponderance of the evidence; (6) the agency’s conclusions of law are not supported by its findings of fact; (7) the agency’s findings of fact do not sufficiently address the evidence presented by the appellant; or (8) the agency’s conclusions of law do not sufficiently explain its rationale for not adopting any contrary recommendations by a hearing officer or administrative law judge. Id.

[¶ 7] When reviewing an agency decision that an employee was terminated for misconduct disqualifying that employee from receiving unemployment compensation benefits, we utilize the following standards:

The nature of the employment is a consideration when deciding whether an employee’s conduct constitutes misconduct. The issue is a mixed question of fact and law. The evidence must support its findings of fact which, in turn, must sustain its conclusion regarding misconduct. If confronted with disputed facts, we defer to Job Service’s factual conclusions and ascertain only whether a reasoning mind could have reasonably determined the factual conclusions were proven by a preponderance of the evidence. However, when the facts are undisputed, and contradictory inferences cannot reasonably be drawn from those undisputed facts, we review the legal conclusion anew.

Johnson, 1999 ND 42, ¶ 12, 590 N.W.2d 877 (citations omitted).

[¶ 8] Brandt testified at the administrative hearing that after Baier accused him of lying and also of causing other employees to lie to the police he terminated her, because he believed Baier’s attitude would make it difficult for her to continue working in the office with others. He testified the job requires the employees to work as a team and he did not believe other employees could continue to work with Baier after she had accused them of lying.

[¶ 9] The issue of Baier’s perceived harassment by another coworker was promptly dealt with by Brandt when she informed him of the problem in December 2002. He discussed the issue, told the coworker to stop the behavior, and assigned Baier and the coworker to different work shifts.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

New Freedom Center v. Job Service
2020 ND 99 (North Dakota Supreme Court, 2020)
BAHA Petroleum Consulting Corp. v. Job Service North Dakota
2015 ND 199 (North Dakota Supreme Court, 2015)
Johnson v. North Dakota Workforce Safety & Insurance Fund
2012 ND 87 (North Dakota Supreme Court, 2012)
Tibor v. State
2012 ND 84 (North Dakota Supreme Court, 2012)
Tronnes v. Job Service North Dakota
2012 ND 57 (North Dakota Supreme Court, 2012)
Addai v. State
2012 ND 50 (North Dakota Supreme Court, 2012)
Willits v. Job Service North Dakota
2011 ND 135 (North Dakota Supreme Court, 2011)
Crandall v. Crandall
2011 ND 136 (North Dakota Supreme Court, 2011)
Schmidt v. Job Service North Dakota
2008 ND 188 (North Dakota Supreme Court, 2008)
Spectrum Care LLC v. Stevick
2006 ND 155 (North Dakota Supreme Court, 2006)
Interest of J.S.
2004 ND 159 (North Dakota Supreme Court, 2004)
Grand Forks County v. Tollefson
2004 ND 161 (North Dakota Supreme Court, 2004)
Gartner v. Job Service North Dakota
2004 ND 135 (North Dakota Supreme Court, 2004)
Wohlwend v. Wohlwend
2004 ND 20 (North Dakota Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
2004 ND 27, 673 N.W.2d 923, 2004 N.D. LEXIS 37, 2004 WL 148755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baier-v-job-service-north-dakota-nd-2004.