Summary 2006 WY 129

Summary of Decision issued October 13, 2006

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Case Name: Aspen Ridge Law Offices, P.C. v. Wyoming Dep’t of Employment, Unemployment Insurance Commission; and Geneva A. Brewer

Citation: 2006 WY 129

Docket Number: 06-13

Appeal from the District Court of Laramie County, the Honorable Peter G. Arnold, Judge

Representing Appellant: Galen Woelk, of Aron & Hennig, Laramie, Wyoming.

Representing Appellees: William L. Weaver, Senior Assistant Attorney General.

Issues: Whether the Commission’s refusal to allow Employer to present evidence of Brewer’s workplace misconduct was arbitrary and capricious. Whether the Commission’s conclusions were supported by substantial evidence. Whether the Commission failed to provide Employer with a fair and impartial hearing.

Holding: Appellant stated she discharged Brewer’s employment for misconduct because Brewer had been instructed to prepare an affidavit in a fee dispute case and failed to do so. Appellant alleged Brewer had been spearheading a conspiracy to have all employees resign at the same time. A deputy for the Unemployment Insurance Division awarded benefits finding that Brewer’s acts were isolated incidents of poor judgment and not an intentional disregard for the employer’s interests. A contested case hearing was held and the Commission affirmed the hearing officer’s decision but modified certain of the factual findings. The district court reviewed the hearing officer’s decision and affirmed.
Standard of Review: The Court reviewed the case pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure. Unemployment benefit cases where misconduct is alleged present mixed questions of law and fact. The Court is not bound by the conclusions of the district court but use the same evidentiary materials and the same review standards as the district court. Appellant bears the burden of proving that the Commission’s decision was not supported by substantial evidence.
The hearing officer refused to admit evidence relating to the alleged conspiracy on the basis that it was irrelevant. The issue was whether Brewer’s discharge was for misconduct related to her work. There was no suggestion that Appellant had indication of an alleged conspiracy prior to her decision to terminate Brewer’s employment. The excluded evidence lacked relevance so the Court perceived no error in the hearing officer’s ruling. The Court reviewed the alleged misconduct evidence. Conflicting evidence was presented but the record supports the Commission’s conclusion that the failure was an isolated instance of ordinary negligence which did not constitute misconduct.
Appellant claimed the hearing was not fair and impartial because the officer precluded evidence concerning the alleged conspiracy and that the officer interposed her own objections to Appellant’s questions and ruled on those objections. Also, Appellant contended the officer impermissibly conducted her own cross-examination of witnesses. Upon review of the record, the Court stated the hearing examiner asked occasional questions, Appellant was allowed to call all of its witnesses, present relevant evidence, and to cross-examine all witnesses. The hearing examiner properly excluded irrelevant evidence offered by Appellant and Brewer. The Court found nothing to suggest Appellant was not provided a fair and impartial hearing.

Affirmed.

J. Burke delivered the order for the court.

Link to the case: http://tinyurl.com/yj5hk2 .