Gatherer v. Doyles Wholesale

725 P.2d 175, 111 Idaho 470, 1986 Ida. LEXIS 513
CourtIdaho Supreme Court
DecidedSeptember 3, 1986
DocketNo. 16133
StatusPublished
Cited by6 cases

This text of 725 P.2d 175 (Gatherer v. Doyles Wholesale) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gatherer v. Doyles Wholesale, 725 P.2d 175, 111 Idaho 470, 1986 Ida. LEXIS 513 (Idaho 1986).

Opinions

BAKES, Justice.

Glenn Gatherer appeals from an Industrial Commission decision finding him ineligible for unemployment benefits due to employ[471]*471ment-related misconduct. The Industrial Commission’s decision is supported by substantial and competent evidence and, accordingly, we affirm.

The Industrial Commission found the following facts, which are supported by the record.

Doyles Wholesale (Doyles) is a candy and tobacco wholesaler. Glenn Gatherer’s (Gatherer) parents owned Doyles during Gatherer’s childhood. He began working there parttime in 1971 at the age of eight. Later he became a full time employee, working in all areas of the business. In November, 1983, he became supervisor of the Doyles Wholesale warehouse.

Effective January 3, 1984, Gatherer’s parents sold Doyles. Gatherer resented some of the changes made by the new owners. For example, in January, 1984, the new owners decided to raise the temperature in the warehouse. Gatherer thought the move would not be cost effective, believing that the money could be better spent on maintenance of the delivery vans. Thinking it to be a part of his job, Gatherer informed the new owners of his feelings about the change. Gatherer met with the owners in an office, but he raised his voice to the shouting point and other employees could hear him outside the office. The manager told Gatherer to hold his temper and not raise his voice where other employees could hear.

On another occasion in February or March of 1984, Gatherer was dissatisfied with the way the new owners wanted the warehouse rearranged, and he questioned the wisdom of that decision, expressing his dissatisfaction in front of other employees. The manager again told Gatherer to talk with him in private but not to air his grievances in front of other employees. In June, 1984, Gatherer, in the presence of other employees, disagreed with the manager about an order. The manager again told him not to express his disagreement in front of the office personnel.

Business at Doyles is heavier in the summer than in the winter. When Gatherer’s parents owned the business, they paid employees a fixed monthly salary throughout the year. The employees worked overtime in the summer without being paid extra, but they worked less than full time for the same salary in the winter.

When the new owners took over the business, they continued the policy of paying employees a fixed salary throughout the year. However, Gatherer found that he worked more hours during the slow season. He attributed this increase in work to what he thought were unwise policies of the new owners, including the following: (1) after orders were filled, the new owners required that another worker double check them; (2) the new owners required that the warehouse workers seal all orders; (3) the new owners told the warehouse workers to slow down so they would make fewer errors; and (4) the new owners assigned Gatherer to some delivery work, leaving fewer employees to fill orders in the warehouse.

Gatherer became concerned that he was working overtime during the slow season and that the overtime hours would never be offset by less-than-full-time work as in the past. He began keeping a record of his working hours in March of 1984. His records show that, for sixteen weeks that he worked from March through July, he worked overtime every week except one. He calculated that he worked 58 hours of overtime during that period.

At 3:30 p.m. on July 12, 1984, Gatherer was tired after working eight and one-half hours that day. He thought that the remaining orders for the following day could be filled in time for the morning deliverymen because the warehouse workers were scheduled to begin work early the next morning. Gatherer went to the office and told the manager he was leaving for the day. The manager asked if Gatherer could stay until 4:00 p.m. Gatherer asked why he should stay when he was not getting paid for working overtime. Gatherer again raised his voice and “created a scene” in front of the other employees in the office. The Industrial Commission found that Gatherer raised his voice first, although both were involved in the shouting. The [472]*472manager said that he was tired of “bucking heads” with Gatherer and discharged him.

After he was discharged, Gatherer filed a complaint with the United States Department of Labor, which required Doyles to pay Gatherer $150.30 for overtime work for which he had not been paid. Gatherer also filed a claim for unemployment benefits on July 12, 1984. On July 24, 1984, the Department of Employment of the State of Idaho issued a determination that Gatherer was ineligible to receive unemployment benefits. After Gatherer protested, the Department of Employment issued a redetermination on August 23, 1984, affirming the original findings. Gatherer appealed to an appeals examiner who reaffirmed his ineligibility. Gatherer appealed to the Industrial Commission, which heard his case on April 25, 1985. The Industrial Commission affirmed the earlier decisions. Gatherer now appeals to this Court.

Under I.C. § 72-1366(e), in order to be eligible for unemployment benefits, a claimant must not have been “discharged for misconduct in connection with his employment.” The sole issue in this case is whether the Industrial Commission’s finding of Misconduct is supported by substantial competent evidence. In Johns v. S.H. Kress Co., 78 Idaho 544, 548, 307 P.2d 217, 219 (1957), this Court interpreted the term “discharged for misconduct” as the following:

“[Wjillful, intentional disregard of the employer’s interest; a deliberate violation of the employer’s rules; or a disregard of standards of behavior which the employer has a right to expect of his employees.”

The Industrial Commission, citing Johns, found that Gatherer’s conduct showed an intentional disregard of his employer’s interest and a disregard of standards of behavior an employer has a right to expect of its employees and that Gatherer, therefore, was fired for misconduct. The record supports that finding.

Since the question of whether an employee’s conduct constitutes misconduct pursuant to I.C. § 72-1366(e) is a factual one, the Industrial Commission’s finding that an employee was fired for misconduct must be upheld if supported by substantial and competent evidence. Idaho Const. Art. 5, § 9. See Puckett v. Idaho Dept. of Corrections, 107 Idaho 1022, 1024, 695 P.2d 407, 409 (1985); Goolsby v. Life Savers, Inc., 107 Idaho 456, 459, 690 P.2d 911, 914 (1984); Harrelson v. Pine Crest Psychiatric Center, 107 Idaho 119, 120, 686 P.2d 64, 65 (1984); Cornwell v. Kootenai County Sheriff, 106 Idaho 823, 825, 683 P.2d 859, 861 (1984); Parker v. St. Maries Plywood, 101 Idaho 415, 419-420, 614 P.2d 955, 959-960 (1980); Watts v. Employment Security Agency, 80 Idaho 529, 534, 335 P.2d 533, 536 (1959).1

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Bluebook (online)
725 P.2d 175, 111 Idaho 470, 1986 Ida. LEXIS 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gatherer-v-doyles-wholesale-idaho-1986.