JESSICA E. BARR, Claimant-Appellant,
CITICORP CREDIT SERVICE, INC. USA, Employer, and IDAHO DEPARTMENT OF LABOR. Respondents.
Opinion No. 118
from the Industrial Commission of the State of Idaho.
decision of the Commission is affirmed.
Jessica E. Barr, Boise, pro se appellant.
Lawrence G. Wasden, Attorney General, Boise, for respondent
the Idaho Department of Labor.
ON THE BRIEFS
E. Barr appeals from the decision of the Idaho Industrial
Commission (Commission) finding her ineligible for
unemployment benefits and affirming the decision of an
Appeals Examiner for the Idaho Department of Labor's
(IDOL) Appeals Bureau. The Commission found that Barr was
discharged by her employer, Citicorp Credit Services, Inc.
USA (Citicorp), for misconduct in connection with employment
and determined that Barr was not eligible for benefits
pursuant to Idaho Code section 72-1366(5).
argues that Citicorp representatives provided false
information to the Appeals Examiner and her unemployment
benefits should be restored.
FACTUAL AND PROCEDURAL BACKGROUND
worked for Citicorp as a customer service representative from
August 10, 2009, until August 26, 2014. In December of 2013,
Citicorp sent out a company-wide email instructing employees
not to contact the workforce management group (TCC) to
request voluntary time off (VTO). Instead, employees were
instructed to request VTO through Citicorp's electronic
scheduling planner (ESP). Despite this directive, Barr
continued to contact TCC to request VTO.
of her continued actions, Barr received individual supervisor
coaching on January 13, 15, and 21, 2014. Barr's
supervisor, Tiffany Endicott, testified that Barr did not
take the coaching seriously and that Barr remarked that the
directive "didn't apply to her."
early July 2014, Citicorp received an email from TCC
informing it that Barr had continued to contact TCC, almost
daily, about VTO. On July 7, 2014, Citicorp gave Barr a
"Final Warning" concerning her conduct. Barr was
told that all VTO requests must be submitted through the ESP
system and that Barr should not contact TCC directly. Barr
was told that any further occurrences might result in her
termination. On August 21, 2014, Citicorp was informed that
Barr had continued to contact TCC with her VTO requests. On
August 25, 2014, Isaac Downey, Citigroup's operations
manager, met with Barr and asked her to explain her conduct.
Barr indicated that she had understood the final warning, but
that calling TCC was "like an addiction." Barr was
suspended and sent home. Barr was terminated the next day.
applied for unemployment benefits and IDOL originally granted
her request. Citicorp appealed and on November 7, 2014, an
Appeals Examiner from IDOL's Appeals Bureau held a
telephonic hearing on the issue. During the hearing, Downey,
Endicott, and Barr testified. The Appeals Examiner reversed
IDOL's original decision, finding Barr ineligible for
unemployment benefits due to misconduct.
November 24, 2014, Barr timely appealed to the Commission.
The Commission conducted a de novo review of the
record and determined that Citicorp had discharged Barr for
misconduct in connection with her employment. The Commission