Donaldson, In re

(N.H. Sup. Ct. filed May 18, 1995) ; Clearinghouse Number: 50727

Description

Claimant Discharged over the Phone After Expressing Discontent with Her Supervisor Appeals Denial of Benefits

Abstract

Appellant, a 70-year-old woman who had worked for over 24 years as a nurse’s aide, has requested the New Hampshire Supreme Court to reverse the Department of Employment Security’s decision denying her unemployment compensation. While appellant was home on vacation, her employer called her to discuss her return to work. In that conversation, appellant told her employer that she was upset with the charge nurse on her floor, and her employer terminated her. The employer’s ground for termination was appellant’s alleged refusal to work with the charge nurse. Appellant disputes this allegation. Finding that she had been discharged for misconduct, the Department of Employment Security denied appellant’s application for unemployment benefits. On appeal, appellant argues that the department wrongly applied the test for misconduct outlined in In re New Hampshire Sweepstakes Commission, 130 N.H. 659, 664 (1988). She asserts that she did not deliberately violate any company rule, as required under New Hampshire Sweepstakes when a single instance of misconduct is alleged. She maintains that the department ignored her undisputed history of good job performance for over 24 years and argues that her comments about the charge nurse, made in a phone call while at home on vacation, were not sufficiently connected with her work to be considered work-related misconduct. Appellant also argues that the hearing officer failed to base his determination that employer’s testimony was credible and appellant’s testimony was not on substantial evidence or to justify the credibility determination. Finally, appellant argues that the department erred by failing to notify her adequately of her right to counsel in the administrative proceeding. Counsel notes that appellant was represented at the hearing by a claims representative who worked for the state employment security agency.

Additional Information

Attorney Information
Claimant-Appellant represented by Jonathan Baird, New Hampshire Legal Assistance, 408 Moody Bldg., Claremont, NH 03743, (603) 542-8795.
Docket Date
1995-05-18 00:00:00+00:00