Freeland v. Employment Appeal Board

492 N.W.2d 193, 1992 Iowa Sup. LEXIS 389, 1992 WL 296113
CourtSupreme Court of Iowa
DecidedOctober 21, 1992
Docket91-616
StatusPublished
Cited by20 cases

This text of 492 N.W.2d 193 (Freeland v. Employment Appeal Board) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freeland v. Employment Appeal Board, 492 N.W.2d 193, 1992 Iowa Sup. LEXIS 389, 1992 WL 296113 (iowa 1992).

Opinions

ANDREASEN, Justice.

As a result of agency action, Shirley Freeland was denied unemployment benefits. She petitioned the district court for judicial review. The court found Freeland had been afforded procedural due process in the administrative proceedings and that her misconduct had been sufficiently established. The court entered judgment affirming the agency action. On appeal, the court of appeals reversed. We granted further review and now vacate the decision of the court of appeals and affirm the district court.

I. Background.

Freeland was employed as a secretary by Hawkeye Institute of Technology (Hawk-eye Tech). In January 1990 she worked for Dr. Glen Pedersen, Vice President of Vocational Technical Education Division. At Pedersen’s request, she collected money from coworkers and ordered flowers from Design Studios for two Hawkeye Tech employees who had been hospitalized. In February 1990, the florist mailed a statement for the flowers to Freeland at the Hawkeye Tech office address. The flower bill was not paid. The florist mailed a statement each month thereafter to Freeland in care of Hawkeye Tech. After three or four months the florist called Freeland at work and inquired about payment. Freeland said she would take care of it but no payment was made.

On June 18, 1990, Dr. John Hawse, president of Hawkeye Tech, was told by his secretary that Hawkeye Tech had a flower bill that had not been paid. He called Design Studios and talked to the owner Joan Kerns. Kerns told him two flower arrangements had been ordered by Free-land to be billed to Hawkeye Tech, attention to her. Hawse then requested Peder-sen and Ron Kuhlman, director of personnel, to investigate the matter.

Pedersen asked Freeland to come to his office. When asked about the flower fund money Freeland admitted she had used the money to purchase prescription drugs for her husband. Pedersen suggested he considered the conversion of money entrusted to her as theft. When faced with the possibility of theft charges, termination of her employment, or resignation, Freeland submitted her written resignation.

The following day Freeland, by letter, advised Pedersen that she was withdrawing her resignation. The letter was referred to the president. Hawse notified Freeland that the resignation had been accepted and her request to withdraw would not be honored. Freeland then filed her claim for unemployment insurance benefits with Job Service.

The Job Service claims representative found Freeland had been compelled to resign when given the choice of resigning or being discharged. Under these circumstances, her resignation would not be considered a voluntary leaving. No disqualifi[195]*195cation was imposed; Freeland’s claim for unemployment compensation was allowed.

Hawkeye Tech appealed from this initial determination. Following a contested case hearing, an administrative law judge (ALJ) found Freeland’s acts and omissions constituted misconduct justifying denial of unemployment benefits.

On appeal, the Employment Appeal Board affirmed the decision of the ALJ. The decision, with its findings of fact and conclusions of law, were incorporated into the agency’s decision. Freeland’s application for rehearing was denied by the agency-

Freeland then filed a petition for judicial review in district court. ' Following the district court’s judgment, which affirmed the agency action, Freeland appealed. We transferred the case to the court of appeals.

The court of appeals reversed, finding the agency’s determination of misconduct was not supported by substantial evidence. The agency and employer sought, and we granted, further review.

There are two primary issues raised on appeal. First, was Freeland given sufficient notice that her misconduct was an issue in the contested case hearing before the ALJ. Second, was there substantial evidence to support the agency’s finding of misconduct.

II. Notice.

Freeland claims it was a denial of due process for the ALJ to inject the issue of “disqualifying misconduct” into the hearing without prior notice. When constitutional issues are raised in a judicial review proceeding, we make an independent evaluation of the totality of the evidence; our review is de novo. Consumer Advocate v. Commerce Comm’n, 465 N.W.2d 280, 281 (Iowa 1991).

Parties to an administrative hearing are entitled to notice and the opportunity to defend. Carr v. Iowa Employment Sec. Comm’n, 256 N.W.2d 211, 214 (Iowa 1977). The hearing before the ALJ must be conducted pursuant to the provisions of Iowa Code chapter 17A relating to hearings for contested cases. Iowa Code § 96.6 (1989). In such contested cases, all parties shall be afforded an opportunity for hearing after reasonable notice in writing. Iowa Code § 17A.12. The notice must include a reference to the particular sections of the statutes and rules involved and a short and plain statement of the matters asserted. Iowa Code § 17A.12(2)(c) and (d).

Here, Job Service gave notice to the parties that Hawkeye Tech had appealed the action taken by Job Service. The notice identified the involved statutes as sections 96.5(1) and 96.5(2)(a). The notice also stated: “The following matters have been asserted ... 1. WHETHER THE CLMT. WAS COMPELLED TO RESIGN BY THE EMPLOYER.” The notice advised the parties that the hearing would, be conducted by an AU and that the purpose of the hearing is to receive evidence from the parties to enable the AU to determine if the action taken by Job Service was correct. Both Freeland and Hawkeye Tech were represented by legal counsel at the hearing.

Prior to receiving evidence the AU stated:

As I make my decision in this case I’ll be concerned with the provisions of Iowa Code section 96.5-1 and subsection 2-A. The important language in subsection 1 is that an individual shall be disqualified for benefits if the individual has left work voluntarily without good cause attributable to the individual’s employer; while in subsection 2-A the pertinent language is that an individual shall be disqualified for benefits if the individual has been discharged for misconduct in connection with the individual’s employment.

The employer called Kerns, Pedersen, Hawse, and Kuhlman as witnesses. Free-land testified on her own behalf. Evidence relating to Freeland’s misconduct was received. After all evidence had been taken, Freeland’s counsel raised, for the first time, that his client would be denied due process of law if the AU considered any issue other than whether there was a voluntary quit.

[196]*196The due process issue was addressed by the AU. In his decision it is stated:

He [Freeland’s attorney] argued that the narrative of the matter asserted on the hearing notice listed only the issue of whether the claimant was compelled to resign.

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Freeland v. Employment Appeal Board
492 N.W.2d 193 (Supreme Court of Iowa, 1992)

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Bluebook (online)
492 N.W.2d 193, 1992 Iowa Sup. LEXIS 389, 1992 WL 296113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeland-v-employment-appeal-board-iowa-1992.