Magee v. Director, Arkansas Employment Security Department

55 S.W.3d 321, 75 Ark. App. 115, 2001 Ark. App. LEXIS 650
CourtCourt of Appeals of Arkansas
DecidedSeptember 26, 2001
DocketE 00-295
StatusPublished
Cited by7 cases

This text of 55 S.W.3d 321 (Magee v. Director, Arkansas Employment Security Department) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Magee v. Director, Arkansas Employment Security Department, 55 S.W.3d 321, 75 Ark. App. 115, 2001 Ark. App. LEXIS 650 (Ark. Ct. App. 2001).

Opinion

Josephine Linker Hart, Judge.

John Ashley Magee appeals a decision of the Arkansas Board of Review (“Board”) that affirmed the Appeal Tribunal’s denial of unemployment insurance benefits and concluded that he was disqualified from receiving those benefits because he failed to take appropriate steps to prevent the mistreatment that gave rise to his leaving work when he did not discuss his work situation with Allan Magee (“president”), his father and president and a fifty-percent owner of U.S. Agricultural, Inc. (“U.S. Agricultural”). We reverse and remand this matter for additional findings of fact.

Appellant worked for U.S. Agricultural from 1996 until May 9, 2000. While employed by U.S. Agricultural as plant and sales manager, appellant’s salary was unilaterally decreased by Ed Howard, chief financial officer and the other fifty-percent owner of the company. Appellant resigned his position with U.S. Agricultural as a result of Howard’s repeated undermining of his authority and the reduction of his salary. On August 10, 2000, the agency determined that appellant was not entitled to unemployment insurance benefits, and appellant appealed to the Appeal Tribunal.

A hearing was held before an officer for the Appeal Tribunal on September 14, 2000. Appellant, the president, and Michelle Wallace testified on behalf of appellant, and Howard testified on behalf of U.S. Agricultural.

Appellant testified that in the position of plant manager at U.S. Agricultural, he was responsible for ordering plant supplies. He stressed that failure to acquire the needed supplies in a timely manner would interrupt production, which would cost the company money. Despite this, Howard would frequently interfere with this effort by either telling plant staff not to place the order or canceling orders already made. Furthermore, Howard also refused to finance projects that would protect inventory from flooding and failed to replace badly-worn forklift tires. These impediments, according to appellant, caused costly disruptions in the plant’s operations.

In addition, appellant explained the unwritten policies at U.S. Agricultural that governed pay increases and decreases, which gave appellant sole responsibility for the setting of an employee’s wage. Moreover, he stated that the salary increase he received in February 2000, was four months later unilaterally decreased by Howard. Following Howard’s decrease of appellant’s salary, appellant quit working for U.S. Agricultural.

The president then testified and stated that he agreed with appellant’s assessment that Howard had repeatedly undermined appellant’s authority and expressed the opinion that1 Howard wanted to get rid of appellant. In particular, the president recounted a specific incident in which Howard told the president while pointing at appellant, “the only thing wrong with this plant was that son-of-a-bitch up there. ...” Regarding the last incident that caused appellant to leave work, the president testified that prior to the date the salary increase was effective he had consulted with appellant and approved the earnings change. Furthermore, he stated that he and appellant had discussed the salary decrease, but he did nothing to rectify the problem. In his view, the only available solution was that he “could have filed suit and got lawyers.”

Wallace testified that she was the office manager at U.S. Agricultural and agreed with appellant’s testimony that his pay increase was done commensurate with the company’s unwritten policy concerning salaries. She also stated that Howard was not typically involved in the setting of salaries and that the undermining of appellant’s authority by Howard happened “on a regular basis.”

Finally, Howard testified that many of his actions were based on the company’s financial situation at the time and that he had stopped talking with appellant because every time they would discuss something, appellant would go “berserk.” He also stated that he had talked with the president about appellant’s salary increase and the impact the salary change was having on the company’s “bad” financial situation. The president agreed to discuss the matter with appellant, but failed to do so. Accordingly, Howard made the change to appellant’s salary.

On September 15, 2000, the Appeals Tribunal affirmed the agency’s denial of appellant’s application for unemployment insurance benefits, reasoning that appellant “did not take reasonable steps to straighten things out before he quit.” On appeal, the Board affirmed, concluding that even if it determined that appellant had good cause to quit, he failed to take appropriate steps to prevent the mistreatment from continuing, as required under Teel v. Daniels, 270 Ark. 766, 769, 606 S.W.2d 151, 152 (Ark. App. 1980). Specifically, the Board stated that it did “not understand why [appellant] did not discuss the situation with his father, the Owner/President, prior to quitting.” From the Board’s decision, comes this appeal.

Our scope of appellate review in cases such as this is wellsetded and oft-stated:

On appeal, the findings of the Board of Review are conclusive if they are supported by substantial evidence. Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. We review the evidence and all reasonable inferences deducible therefrom in the fight most favorable to the Board’s findings. Even when there is evidence upon which the Board might have reached a different decision, the scope of judicial review is limited to a determination of whether the Board could reasonably reach its decision upon the evidence before it.

E.g., Fleming v. Director, 73 Ark. App. 86, 88, 40 S.W.3d 820, 822 (2001). Because we conclude the Board’s decision could not reasonably be reached based upon the evidence before it, we reverse and remand.

I. Substantial evidence

Appellant first argues that the Board’s decision was not supported by substantial evidence. Specifically, he argues that the overwhelming weight of the evidence demonstrates that his authority was routinely undermined by Howard, and that such efforts gave appellant good cause to leave work. In response, appellee argues that the Board’s decision was supported by substantial evidence because appellant failed to take appropriate steps to prevent the mistreatment from continuing. In particular, appellee argues that “[i]t is clear from the evidence that [the president] could have resolved the issue of the raise for appellant,” and that “[t]here is no evidence that [a]ppellant ever requested [the president’s] assistance in this matter.”

Pursuant to Ark. Code Ann. § ll-10-513(a)(l) (Supp. 1999), “[i]f so found by the Director of the Arkansas Employment Security Department, an individual shall be disqualified for benefits if he voluntarily and without good cause connected with the work left his last work.” The key term “good cause” is not defined by the General Assembly.

However, in Teel, 270 Ark. at 769, 606 S.W.2d at 152, we adopted the definitions of “good cause” as provided in James O.

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Related

Thompson v. Dir.
2014 Ark. App. 303 (Court of Appeals of Arkansas, 2014)
Allen v. Director, Department of Workforce Services
2014 Ark. App. 233 (Court of Appeals of Arkansas, 2014)
Patterson v. Dir.
2014 Ark. App. 113 (Court of Appeals of Arkansas, 2014)
Relyea v. Director, Department of Workforce Services
290 S.W.3d 34 (Court of Appeals of Arkansas, 2008)
Magee v. Director, Employment Security Department
92 S.W.3d 703 (Court of Appeals of Arkansas, 2002)

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Bluebook (online)
55 S.W.3d 321, 75 Ark. App. 115, 2001 Ark. App. LEXIS 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/magee-v-director-arkansas-employment-security-department-arkctapp-2001.