Savoie v. Labove

692 So. 2d 626, 96 La.App. 3 Cir. 952, 1997 La. App. LEXIS 493, 1997 WL 92069
CourtLouisiana Court of Appeal
DecidedMarch 5, 1997
DocketNo. 96-952
StatusPublished
Cited by2 cases

This text of 692 So. 2d 626 (Savoie v. Labove) 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
Savoie v. Labove, 692 So. 2d 626, 96 La.App. 3 Cir. 952, 1997 La. App. LEXIS 493, 1997 WL 92069 (La. Ct. App. 1997).

Opinion

JiCOOKS, Judge.

Sheriff James R. Savoie appeals the district court’s judgment awarding Joe Ann La-bove unemployment compensation benefits. The district court found the sheriffs termination of Ms. Labove unrelated to work misconduct because the termination occurred after the sheriffs re-election campaign and six weeks after the alleged misconduct.

For the following reasons, we affirm the judgment of the district court.

FACTS

This ease arises out of a claim for unemployment compensation benefits by Joe Ann Labove against the sheriff of Cameron Parish, James R. Savoie. Joe Ann Labove was employed as a dispatcher with the Cameron Sheriffs Office for three and one half months prior to her termination. Ms. [2Labove was a probationary employee. Her on-the-job responsibilities included selling hunting licenses and duck stamps. The sheriff adopted a department policy providing that employees were not to remove licenses and stamps from the sheriffs office until they were sold. As standard procedure, purchasers were required to appear at the sheriffs office in person to obtain the licenses or stamps after they provided certain information. Labove’s first month of employment was uneventful, except for occasional complaints that she was rude. Labove consistently denied these accusations; and, she was not disciplined for such acts.

On September 17,1995, at the request of a co-employee, Ms. Labove removed from the sheriffs office several hunting licenses and [628]*628duck stamps for the admitted purpose of delivering and selling them to visiting dignitaries at a local hunting club. A dispatcher on duty advised Ms. Labove that she was not allowed to remove the licenses and stamps. The dispatcher also suggested that Ms. La-bove consult with her supervisor before proceeding. Nevertheless, Ms. Labove failed to contact her supervisor and proceeded to remove the licenses and stamps from the office. The dispatcher characterized Ms. Labove’s tone of voice throughout the exchange as “snippy and smart aleck.”

The September 17, 1995 incident was reported to the sheriff and he questioned Ms. Labove about her actions. Ms. Labove admitted she removed the licenses from the office. Labove acknowledged she may not have handled the situation correctly and agreed to refrain from repeating such actions in the future. These events occurred during the middle of the sheriffs heated re-)election3 campaign and he feared the termination of Labove would have a negative impact on his campaign. The sheriff elected to keep La-bove in his employ without announcing any real intent to terminate her employment. He did not warn Labove that her job might be in jeopardy or indicate that her agreement not to repeat such conduct in the future was not acceptable. On October 24, 1995, approximately five (5) weeks after his reelection, Sheriff Savoie terminated Ms. La-bove for misconduct allegedly occurring on September 17,1995.

Ms. Labove filed a claim for unemployment compensation benefits, which was denied by the Division of Employment Security. Ms. Labove appealed, and Administrative Law Judge (ALJ) Penny Palermo reversed the decision of the Division of Employment Security. The ALJ held:

“had the claimant been terminated at the time the employer became aware of the situation, the discharge would have been for misconduct connected with the work, however, the employer waited until after a political campaign was completed and the claimant had worked for approximately six (6) additional weeks before taking action.”

The Administrative Law Judge concluded Ms. Labove’s termination was at the convenience of the sheriff and not directly related to her misconduct. Accordingly, she reversed the determination of the agency and awarded Ms. Labove unemployment compensation benefits.

Sheriff Savoie appealed and the Board of Review affirmed the decision of the ALJ. Sheriff Savoie thereupon perfected an appeal to the Thirty-Eighth (38th) Judicial District Court, Parish of Cameron. The case was heard by the Honorable H. Ward Fontenot on May 6,1996. The district court |4affirmed the decision of the Board of Review holding the sheriffs six week delay before terminating Ms. Labove:

“had nothing to do with her job performance. It was unrelated to the continuing discharge of her obligations as an employee; and so, consequently, the subsequent discharge could not be based on or justified by the proffered reasons. The employer is barred from resurrecting the earlier incident as a reason for discharging the employee ...”

The sheriff appeals the district court’s judgment asserting the following assignment of error:

1. The Trial Court, the Board of Review, and the Administrative Law Judge have committed an error of law by imposing upon Sheriff Savoie an unspecified time within which he must discharge an employee, despite the findings in this case that the employer was in fact discharged for misconduct connected with employment.

LAW & DISCUSSION

Our review of unemployment compensation cases is confined to determining only whether the Board of Review’s findings of fact are supported by sufficient evidence and whether the facts warrant the Board’s decision as a matter of law. La. R.S. 23:1634(B); ConAgra Broiler Company v. Gerace, 95-41 (La.App. 3 Cir. 5/31/95); 657 So.2d 391. Here, the Board adopted the findings of the ALJ and held:

“In this case, there was a single act of misconduct by the claimant in three and one-half months of employment. Generally, the Board of Review has held that [629]*629a single, isolated action — not serious in nature — does not constitute misconduct connected with the separation from employment. Unauthorized removal of documents from a Sheriffs station may be considered ‘serious in nature;’ however, the employing unit did not find it serious enough to remove the claimant until almost six weeks had elapsed. For this reason, the Board of Review cannot find the discharge was for misconduct sufficient in nature to deny Unemployment Insurance | ^benefits.”

Sheriff Savoie contends the district court erred in affirming the Board’s decision because La.R.S. 23:1601 does not impose a time limit within which an employer must discharge an employee for misconduct connected with employment. As support for his contention, Sheriff Savoie cites Atlas Processing Company v. Administrator Department of Employment Security, 584 So.2d 1187 (La.App. 2 Cir.1991).

In Atlas, the employee was fired approximately one month after reporting to work under the influence of alcohol and drugs. The Board of Review and trial court found in favor of the employee because he was not fired immediately. However, the court of appeal found the one month delay did not result from the employer’s decision to overlook the misconduct; but, rather the time delay was necessary to obtain blood alcohol test results and to afford the employee an opportunity to defend himself. The Court held an employer’s delay in terminating an employee is justified if such delay is necessary to investigate the employee’s misconduct. Ms. Labove asserts Atlas is distinguishable from the case in point. We agree. Sheriff Savoie allowed Ms. Labove to remain on the job approximately six weeks after the date of her misconduct; and, he deliberately choose to terminate her only after his reelection in an effort to protect his personal interests.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lafitte v. Reliant Energy Resource Corp.
859 So. 2d 233 (Louisiana Court of Appeal, 2003)
Harris v. Houston
722 So. 2d 1042 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
692 So. 2d 626, 96 La.App. 3 Cir. 952, 1997 La. App. LEXIS 493, 1997 WL 92069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savoie-v-labove-lactapp-1997.