Williams v. Butler

744 S.E.2d 396, 322 Ga. App. 220, 2013 Fulton County D. Rep. 1902, 2013 WL 2501923, 2013 Ga. App. LEXIS 483
CourtCourt of Appeals of Georgia
DecidedJune 12, 2013
DocketA13A0552
StatusPublished
Cited by8 cases

This text of 744 S.E.2d 396 (Williams v. Butler) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Butler, 744 S.E.2d 396, 322 Ga. App. 220, 2013 Fulton County D. Rep. 1902, 2013 WL 2501923, 2013 Ga. App. LEXIS 483 (Ga. Ct. App. 2013).

Opinion

Dillard, Judge.

Penny Williams was terminated from her job at a Phillips-Van Heusen Corporation (“PVH”) distribution center and applied for unemployment-compensation benefits, which were initially awarded. Following PVH’s challenge, an administrative-hearing officer (“AHO”) reversed the award, and both the Department of Labor Board of Review (the “Board”) and the Superior Court of Cobb County affirmed [221]*221that decision. Williams now appeals, arguing that the Board improperly based its decision on hearsay evidence and that it erred in finding that she was at fault in causing her termination. For the reasons set forth infra, we reverse.

The record shows that Williams initially worked for PVH from 2006 through December 2009, when she was terminated for fighting with a co-worker. But following an agreement reached between PVH and Williams’s union, she was rehired and returned to work on February 15, 2010. And as a condition of her rehiring, PVH informed Williams that she was on probation for the next 60 days and that any written warning (“write-up”) for a violation of company policy during that time period would result in termination of her employment.

Upon being rehired, Williams was assigned to an “order picking” position in PVH’s distribution center. And although she had worked in a similar position when she was first hired by PVH in 2006, Williams’s most immediate position — and one that she held for a significant period of time prior to her December discharge — was with the company’s shipping department. As a result, her new position required that she undergo specialized training for picking orders in a specific area of the distribution center.

Williams received her training from February 15 through February 17, 2010, but after she completed same, she was assigned to work in a different picking area, where apparently she found the requirements to be somewhat more complex. Consequently, over the course of the next two weeks, she was unable to keep her order-picking error rate under the 2.5 percent threshold mandated by company policy. And at some point during this time period, Williams informed one of the union-shop stewards that she was having difficulty performing her job, but she did not inform her supervisors. Shortly thereafter, on March 3, 2010, Williams was “written up” for exceeding the error-rate threshold for picking orders, and her employment was terminated.

Williams then applied for unemployment-compensation benefits, which were granted on April 2, 2010. PVH challenged this award, and on May 18, 2010, an AHO held a telephonic hearing on the matter, during which only Williams and a PVH human-resource manager testified. One day later, the AHO reversed the benefits award, finding that Williams was ineligible because she (1) had satisfactorily performed the job of picking orders in the past, (2) had received training for her position after being rehired, (3) did not inform a supervisor that she was having difficulties performing the job, and (4) was aware that any written warning during her 60-day probation period would result in termination of her employment.

[222]*222Williams appealed to the Board of Review, but the Board adopted the AHO’s decision. Shortly thereafter, she filed a petition for judicial review in the Superior Court of Cobb County. Both parties filed briefs, and a hearing was held on the matter but was not transcribed. On July 31, 2012, the superior court entered an order affirming the Board’s decision. Williams then filed an application for discretionary appeal, which we granted. This appeal follows.

At the outset, we note that when a court reviews a decision of the Board that an employee is disqualified for unemployment-compensation benefits, “the factual findings of the Board are conclusive to the extent that they are supported by competent evidence, and the court must affirm the decision of the Board if it is supported by any competent evidence.”1 Furthermore, this Court’s duty is not to “review whether the record supports the superior court’s decision but whether the record supports the initial decision of the administrative agency.”2 And on appeal, we will similarly uphold the Board’s factual findings if there is any evidence to support them.3 With these guiding principles in mind, we turn now to Williams’s specific claims of error.

1. Williams contends that the Board erred in denying her claim for unemployment-compensation benefits on the ground that she was at fault in causing the termination of her employment. We agree and, therefore, reverse the judgments below.

Under OCGA § 34-8-194 (2) (A), no unemployment benefits are due to an individual who is fired “for failure to obey orders, rules, or instructions or for failure to discharge the duties for which the individual was employed as determined by the Commissioner according to the circumstances in the case.”4 But OCGA § 34-8-194 (2) (B) provides in part:

An individual shall not be disqualified for benefits under subparagraph (A) of this paragraph if, based on the rules and regulations promulgated by the Commissioner, the Commissioner determines . . . [t]he individual made a good faith effort to perform the duties for which hired but was simply unable to do so [or] . . . [t]he individual did not intentionally fail or consciously neglect to perform his or her job duties.5

[223]*223This is consistent with the fact that “Georgia, like the other states of the Union, has a strong public policy favoring payment of unemployment benefits to persons unemployed through no fault of their own.”6

Consequently, an employer claiming that a former employee is disqualified from receiving unemployment benefits “bears the burden of proving the grounds for disqualification by a preponderance of the evidence.”7 Indeed, disqualification is not appropriate unless “the employer shows the discharge was caused by the deliberate, conscious fault of the [employee] ”8 And as the Supreme Court of Georgia has held “[f]ault means more than mere failure to perform one’s work duties.”9 As such, an employee who does not perform her work assignment adequately because “she is unable to do so (i.e., not through fault or conscious neglect) cannot be penalized under OCGA § 34-8-[194 (2) (A)].”10 Furthermore, although we are bound to apply the any evidence standard in these cases, “whether there is fault assignable to a claimant, which is a legal requirement for disqualification, often requires a legal conclusion.”11

And here, it is undisputed that Williams was having difficulty satisfactorily performing her job — i.e., picking orders. What is

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816 S.E.2d 44 (Court of Appeals of Georgia, 2018)
HUDSON v. BUTLER Et Al.
786 S.E.2d 879 (Court of Appeals of Georgia, 2016)
Scott v. Butler
759 S.E.2d 545 (Court of Appeals of Georgia, 2014)
Case v. Butler
751 S.E.2d 883 (Court of Appeals of Georgia, 2013)
Barnett v. Georgia Department of Labor
748 S.E.2d 688 (Court of Appeals of Georgia, 2013)
Johnson v. Butler
748 S.E.2d 111 (Court of Appeals of Georgia, 2013)

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Bluebook (online)
744 S.E.2d 396, 322 Ga. App. 220, 2013 Fulton County D. Rep. 1902, 2013 WL 2501923, 2013 Ga. App. LEXIS 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-butler-gactapp-2013.