Landry v. Shell Oil Co.

597 So. 2d 521, 1992 La. App. LEXIS 599, 1992 WL 46290
CourtLouisiana Court of Appeal
DecidedMarch 6, 1992
Docket91 CA 0030
StatusPublished
Cited by5 cases

This text of 597 So. 2d 521 (Landry v. Shell Oil Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Landry v. Shell Oil Co., 597 So. 2d 521, 1992 La. App. LEXIS 599, 1992 WL 46290 (La. Ct. App. 1992).

Opinion

597 So.2d 521 (1992)

Roy Paul LANDRY
v.
SHELL OIL COMPANY.

No. 91 CA 0030.

Court of Appeal of Louisiana, First Circuit.

March 6, 1992.

*522 Hobart Pardue, Springfield, for plaintiff.

Michael Lee, Rose Hesson, Livingston, Olivette Mencer, Baton Rouge, for defendant.

Before LOTTINGER, EDWARDS and GONZALES, JJ.

LOTTINGER, Judge.

This is an action by Roy Paul Landry to recover unemployment compensation benefits after he had been discharged by his employer, Shell Pipeline Corporation (Shell). The Louisiana Office of Employment Security granted Mr. Landry's request for unemployment compensation benefits. On appeal by Shell to the appeals tribunal, the administrative law judge found that Roy Paul Landry had been discharged for misconduct connected with his employment pursuant to La.R.S. 23:1601(2). Thus, his request for unemployment compensation benefits was denied. The Board of Review, State of Louisiana Office of Employment Security (Board) affirmed the decision of the administrative law judge. Mr. Landry appealed from the Board's judgment denying his claim for unemployment compensation benefits. On appeal to the district court, the district court reversed the Board's decision and allowed Mr. Landry to recover unemployment compensation benefits. Shell appeals the district court's reinstatement of unemployment benefits to Mr. Landry.

FACTS

Mr. Landry was employed as a pipeliner with Shell from June 18, 1979, until January 9, 1989. Shell is a pipeline company that is involved in the transport of volatile materials. In 1987, Shell implemented an unwritten company policy on drug control. This policy prohibited the use of drugs while employed.

On July 17, 1987, Roy Landry was arrested and charged with distribution of marijuana in violation of La.R.S. 40:966. Shortly *523 thereafter, William Ezell, a district manager for Shell, met with Mr. Landry to discuss the events of July 17, 1987, which had culminated in Mr. Landry's arrest. At that time, Mr. Landry told Mr. Ezell there was no basis for the drug arrest and that the entire situation was political in nature. Mr. Landry indicated that the arrest arose from his former employment as a deputy sheriff in Livingston Parish. During this conversation, Mr. Ezell instructed Mr. Landry to keep Shell informed as to the progress of the criminal proceedings.

On or about October 28, 1987, Mr. Ezell met with Mr. Landry to discuss the progress of the drug prosecution. During this meeting, Mr. Ezell made it clear to Mr. Landry that Shell would terminate his employment unless he was acquitted or the charges against him were dismissed. Mr. Landry was again reminded by Mr. Ezell to keep Shell apprised of any developments in the criminal proceedings.

On January 6, 1988, Mr. Landry asked Mr. Ezell if Shell would consider granting a waiver of its termination policy should he enter into a plea bargain admitting to simple possession of marijuana, a misdemeanor offense. Mr. Ezell advised Mr. Landry that Shell would probably not allow a waiver but that he would get an official response. On January 12, 1988, Mr. Ezell told Mr. Landry that Shell would not consider a waiver.

Mr. Ezell made several calls to the district attorney's office and the clerk of court in an attempt to monitor the progress of Mr. Landry's criminal proceedings. On March 15, 1988, Mr. Landry informed Shell that the case against him had been suspended. Shell was unable to obtain information from the clerk of court to substantiate this alleged suspension. Meanwhile, on June 14, 1988, Mr. Landry appeared in the 21st Judicial District Court for the Parish of Livingston and entered a plea of guilty to the reduced charge of "possession with the intent to distribute." The record of Mr. Landry's criminal proceeding was sealed upon his request.

Mr. Landry failed to communicate with or advise Shell that he had appeared in court and pleaded guilty to any drug charges arising out of his arrest on July 17, 1987. Shell as a result of its own investigation discovered in December, 1988, that Mr. Landry had pleaded guilty to the felony offense of possession of marijuana with the intent to distribute.

On January 9, 1989, Mr. Ezell met with Mr. Landry to discuss the criminal proceedings. Mr. Ezell asked Mr. Landry if he had pleaded guilty to possession of marijuana with the intent to distribute. After an initial denial, Mr. Landry admitted to Mr. Ezell that he had entered a guilty plea. Later that same day, Mr. Ezell terminated Mr. Landry's employment. Mr. Ezell testified that he gave Mr. Landry the following reasons for his dismissal: (1) pleading guilty to the charge of possession of marijuana with intent to distribute, an offense in violation of Shell's drug policy, (2) failing to keep Shell apprised of the criminal proceedings, and (3) failing to tell the truth to Shell when questioned about the plea.

On January 18, 1989, Mr. Landry filed a claim for unemployment benefits on form 259-1 in which he denied that he had ever been convicted of a felony. Mr. Landry submitted a letter from the Livingston Clerk of Court's office stating that a ten-year criminal records check in the name of Roy Landry had been made and that no record had been found. Based on this evidence, the Office of Employment Security found that Mr. Landry was qualified to receive unemployment benefits. From this determination, Shell filed an appeal to the appeals tribunal. At the hearing before the administrative law judge, Mr. Landry acknowledged that, prior to his arrest, he was aware of Shell's policies and regulations concerning the use of drugs. Mr. Landry testified that he had not pleaded guilty to any charges arising out of his arrest. He denied that he was on active probation. Mr. Landry stated that he had been cleared of all charges. The only evidence introduced by Mr. Landry to support this testimony was the letter from the Livingston Parish Clerk of Court's office. However, Mr. Landry's testimony was contradicted by the copy of the June 14, 1988, *524 trial court minute entry pertaining to Mr. Landry's plea.

The administrative law judge found that Mr. Landry had been discharged for violation of company rules, regulations, and instructions. The administrative law judge "concluded that the weight of evidence is in favor of the employer and the claimant's [Mr. Landry's] discharge was for misconduct connected with his employment." Decision of Administrative Law Judge. Accordingly, the determination of the Office of Employment Security was reversed. The administrative law judge denied unemployment benefits because Mr. Landry had been discharged for employment-related misconduct. La.R.S. 23:1601(2). Mr. Landry appealed to the Board. After considering the evidence, record, and testimony in this case, the Board adopted the findings and decision of the administrative law judge and upheld the disqualification.

After the administrative review process, Mr. Landry appealed this decision to the 21st Judicial District Court. In his petition for appeal, Mr. Landry alleged that the Board's decision was erroneous in (1) finding that Mr. Landry was discharged for good and other legal cause and (2) finding that Mr. Landry's separation was for misconduct connected with employment.

The district court reversed the Board's decision and awarded unemployment compensation benefits to Mr. Landry retroactive to the date said benefits were terminated. In his reasons for judgment, the district judge held that the Board's decision was not supported by sufficient evidence.

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Bluebook (online)
597 So. 2d 521, 1992 La. App. LEXIS 599, 1992 WL 46290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landry-v-shell-oil-co-lactapp-1992.