Gibson v. Department of Employment Security

840 P.2d 780, 193 Utah Adv. Rep. 33, 1992 Utah App. LEXIS 138, 1992 WL 246544
CourtCourt of Appeals of Utah
DecidedAugust 17, 1992
Docket910727-CA
StatusPublished
Cited by19 cases

This text of 840 P.2d 780 (Gibson v. Department of Employment Security) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gibson v. Department of Employment Security, 840 P.2d 780, 193 Utah Adv. Rep. 33, 1992 Utah App. LEXIS 138, 1992 WL 246544 (Utah Ct. App. 1992).

Opinions

OPINION

BILLINGS, Associate Presiding Judge:

Petitioner Meredith A. Gibson (Gibson) appeals a final decision of the Board of Review of the Industrial Commission [782]*782(Board) denying her unemployment compensation benefits. We reverse.

FACTS

Prior to filing for unemployment benefits, Gibson worked for U S WEST Communications, Inc. (U S WEST) for almost twenty years. She and another U S WEST employee, Mary Tolman (Tolman), worked full-time as security assistants, Tolman handling court-ordered trap and traces and Gibson handling customer requests for trap and traces. The trap and trace procedure documents the origin of harassing telephone calls. Gibson and Tolman covered for one another during vacations. Gibson had received U S WEST’S policy manual requiring confidentiality of private customer information and knew that a violation of the policy could result in dismissal.

On December 16, 1990, while Gibson was on vacation, Tolman received a trap and trace request from a customer named Brenda Mehl. Brenda Mehl requested the trap and trace to establish that her former husband, Derek Mehl, was making threatening phone calls to her from his place of employment. Gibson normally would have been assigned the case, absent any conflict of interest. However, the circumstances, the general location of Brenda Mehl’s residence, and the name “Brenda” made Tol-man wonder if Brenda Mehl was Gibson’s sister whose name was Brenda. Because Tolman did not know Gibson’s sister’s last name, she decided to call Gibson.

Gibson was unavailable when Tolman called, so Tolman spoke with Gibson’s husband, also a U S WEST employee. Tolman asked Gibson’s husband what his sister-in-law’s name was, and he told her it was Brenda Butcher. He then asked why she had asked. Tolman replied that a customer had requested a trap and trace, and she was concerned that it might be Gibson’s sister.

Gibson’s husband related the substance of the conversation to Gibson. Later that day, the Gibsons went to Brenda Butcher’s home to borrow a carpet cleaner. When they arrived, Brenda Butcher was finishing a call with her exhusband and was upset. Gibson told her that a person named Brenda had requested a trap and trace order and Tolman thought she might have made the request. Coincidentally, Brenda Butcher’s boyfriend, who was also Brenda Mehl’s exhusband, Derek Mehl, was present. Nothing else was said about the matter. Gibson did not know either Derek’s or the customer Brenda’s last name.

On December 22, 1990, Brenda Mehl called U S WEST security and reported that Derek Mehl had told her he found out about the trap placed on her phone from a friend who worked at U S WEST. She told David Gomez, the security supervisor, that she felt his employees had compromised her case by notifying her exhusband that a trap and trace had been established. Gomez told her he would investigate the matter and contact her.

Gomez spoke with Gibson and Tolman to determine how the disclosure occurred. After determining the disclosure was unintentional and an unusual coincidence, he verbally reprimanded Gibson and Tolman and cautioned them to keep such information inside the office. Gomez took no further action because Gibson and Tolman had excellent work records.

On February 20, 1991, Brenda Mehl complained to U S WEST’S Director of Security and threatened suit. U S WEST suspended Gibson and Tolman, pending further investigation. They were discharged on March 31, 1991.

Gibson applied for and was awarded unemployment compensation benefits. After U S WEST objected, the Administrative Law Judge held a hearing and affirmed the award of benefits. U S WEST appealed to the Board, which reversed the Administrative Law Judge’s decision, determining Gibson was terminated for just cause.1

[783]*783On appeal, Gibson claims she was not terminated for just cause, and, thus, she should receive unemployment benefits because: (1) Her conduct was an isolated incident in an excellent, twenty-year work record and, therefore, was not sufficiently culpable; and (2) she did not have sufficient knowledge that her conduct violated company policy. Because we reverse the Board and find Gibson’s conduct was not sufficiently culpable to deny benefits, we do not reach the issue of knowledge.

STANDARD OF REVIEW

An employee is ineligible to receive unemployment compensation if the employee “was discharged for just cause ... if so found by the commission.” Utah Code Ann. § 35-4-5(b)(1) (Supp.1991). Thus, the legislature has granted the Board discretion in determining whether an employee was terminated for just cause. See Bhatia v. Department of Employment Sec., 834 P.2d 574, 577 (Utah App.1992); Department of Air Force v. Swider, 824 P.2d 448, 451 (Utah App.1991); Morton Int’l, Inc. v. Auditing Div. of the Utah State Tax Comm’n, 814 P.2d 581, 588 & n. 40 (Utah 1991). “Accordingly, we will reverse the Board’s decision only if we determine that it is unreasonable or irrational.” Wagstaff v. Department of Employment Sec., 826 P.2d 1069, 1072 (Utah App.1992); accord Bhatia, 834 P.2d at 577; Swider, 824 P.2d at 451.

In establishing whether Gibson was terminated for just cause, U S WEST has the burden of proving: (1) Gibson’s culpability, (2) her knowledge of expected conduct, and (3) that the offending conduct was within Gibson’s control. See Bhatia, 834 P.2d at 577; Kehl v. Board of Review, 700 P.2d 1129, 1133-34 (Utah 1985); accord Utah Code Admin.P. R475-5b-102 to -103 (1991). The employer must establish each of the three elements in order for the Board to deny benefits. Bhatia, 834 P.2d at 577; Utah Code Admin.P. R475-5b-102.

CULPABILITY

Gibson argues her conduct was not culpable because it was an isolated act of misjudgment in an excellent, twenty-year work record, and the situation was unlikely to repeat itself. U S WEST responds that Gibson’s conduct was culpable because it seriously affected U S WEST’S legitimate interests, and a single, isolated violation, if sufficiently egregious, satisfies the culpability requirement. U S WEST claims Gibson seriously violated company policy, exposing the company to potential liability and loss of customer goodwill.

An employee’s conduct may provide a legitimate basis for an employer to terminate the employee,- without requiring denial of unemployment benefits. Pro-Benefit Staffing, Inc. v. Board of Review, 775 P.2d 439, 443 (Utah App.1989). The purpose of the Employment Security Act is “to provide a cushion for the shocks and rigors of unemployment.” Logan Regional Hosp. v. Board of Review,

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Gibson v. Department of Employment Security
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Bluebook (online)
840 P.2d 780, 193 Utah Adv. Rep. 33, 1992 Utah App. LEXIS 138, 1992 WL 246544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-department-of-employment-security-utahctapp-1992.