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06/19/95 NANCY B. WULFF v. SUN VALLEY COMPANY

Filed: June 19, 1995.

NANCY B. WULFF, SSN: 307-62-XXXX, CLAIMANT-RESPONDENT,
v.
SUN VALLEY COMPANY, EMPLOYER, DEFENDANT-APPELLANT, AND STATE OF IDAHO, DEPARTMENT OF EMPLOYMENT, DEFENDANT-RESPONDENT.



Appeal from the Idaho Industrial Commission. Order of the Industrial Commission determining that the claimant-respondent was entitled to unemployment benefits. 1995 Opinion No. 67.

Schroeder, Justice. Chief Justice McDEVITT, and Justices Johnson, Trout, and Silak concur.

Author: Schroeder

SCHROEDER, Justice

I.

BACKGROUND AND PRIOR PROCEEDINGS

This is an appeal by the Sun Valley Company (Sun Valley) from a decision of the Industrial Commission (the Commission) holding that Sun Valley did not carry its burden of establishing that its former employee, Nancy B. Wulff (Wulff), was discharged for misconduct such that she was ineligible for unemployment benefits. The Department of Employment (the DOE) appears as respondent.

Wulff worked as a cashier and skate shop manager for Sun Valley from December of 1989 until January 2, 1993. She was terminated by her supervisor, Nick Maricich, the director of skating. The written notice of termination issued to Wulff listed the following grounds:

1. Nancy has exhibited an inability to communicate in a positive manner with her managers.

2. It has been brought to my attention that she has spoken negatively of the management and Sun Valley Co. to other members of the staff as well as some of our clients.

3. She has shown an overall negative attitude toward her managers and co-workers.

4. She is unwilling to be flexible regarding her scheduled work hours, and expects her manager to schedule the staff according to her personal needs.

5. She continues to bring her children to work despite several warnings.

6. Due to her negativity and inability to communicate with management so as to resolve conflicts in a positive and constructive manner, she is unsuitable to the working environment here, and does not contribute to the overall success of the Sun Valley Skating Center.

Wulff applied for unemployment benefits and was ruled eligible for benefits in an eligibility determination. Sun Valley appealed for a redetermination and the decision was affirmed in an eligibility redetermination. Sun Valley then appealed to the Appeals Bureau. An Appeals Examiner took testimony in telephonic hearings and reversed the eligibility determination, concluding that Wulff was ineligible for unemployment benefits because she had been discharged for misconduct.

In making the determination of misconduct the Appeals Examiner considered a number of allegations by the employer, including claims that Wulff had a negative attitude towards her employer and her immediate supervisor, that she created problems in requesting time off and complaining about her work schedule, and that she allowed her children in the work place after being warned not to do so. The Appeals Examiner determined "that the employer has established that the claimant was discharged for an accumulation of problems which included the claimant allowing her children to stay in the ice skating shop when the claimant did not have appropriate child care arrangements, repeatedly and constantly requesting time off from work and complaining about the work schedule and for a general bad attitude towards the work place." The Appeals Examiner concluded that the accumulation of problems established that Wulff was unwilling to work under the rules established by her employer and was unwilling to work up to the standards established by her employer. The Commission reviewed the record of the hearings before the Appeals Examiner and entered revised findings which deleted some findings of the Appeals Examiner and restated others. The Commission determined that the claims of Sun Valley were "general averments" to which Wulff had given "veritable explanations." The ...


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