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King v. Director, Employment Security Department

Ark. Ct. App.December 4, 2002No. E 02-190Cited 4 times
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Case Details

Judge(s)
John B. Robbins
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful Termination

Outcome

The court reversed the Board of Review's decision disqualifying the appellant from unemployment benefits, finding no substantial evidence of dishonesty where the appellant made a good-faith misrepresentation about his criminal history based on his mistaken belief that his record had been expunged.

What This Ruling Means

**King v. Director, Employment Security Department** This case involved a school district employee who was denied unemployment benefits after being fired. The worker had told his employer that his criminal record had been expunged (officially cleared), but this turned out to be incorrect. When the employer discovered the mistake, they fired him for dishonesty. The state unemployment office then denied his benefits, saying he was terminated for misconduct. The court sided with the worker and reversed the denial of unemployment benefits. The judges found that the employee had genuinely believed his record was expunged and wasn't trying to deceive anyone. Since he made an honest mistake in good faith rather than deliberately lying, the court ruled this didn't constitute the kind of serious misconduct that would disqualify someone from receiving unemployment compensation. **What this means for workers:** If you're fired for providing incorrect information to your employer, you may still qualify for unemployment benefits if you can show you made an honest mistake rather than intentionally deceiving your employer. The key is whether you acted in good faith. However, it's always important to verify information about your background before sharing it with employers.

This summary was generated to explain the ruling in plain English and is not legal advice.

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1. <bold>Statutes — construction — factors considered. —</bold> In considering the meaning of a statute, the appellate court considers it just as it reads, giving words their ordinary and usually accepted meaning in common language; if the language of a statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to rules of statutory interpretation; where the meaning is not clear, the court looks to the language of the statute, the subject matter, the remedy provided, the legislative history, and other appropriate means that shed light on the subject; the appellate court will also look to the object to be accomplished and the purpose to be served by the statute. 2. <bold>Statutes — construction — standard on appeal. —</bold> Although the appellate court is not bound by the decision of the trial court, in absence of a showing that the trial court erred in its interpretation of the law, the appellate court will accept that interpretation as correct on appeal. 3. <bold>Statutes — construction — absurd conclusion will not be</bold> <bold>reached. —</bold> The appellate court will not interpret a statute in a manner so as to reach an absurd conclusion that is contrary to legislative intent. 4. <bold>Schools school districts — statute expressly directed that</bold> <bold>school districts incorporate its rights into their written personnel</bold> <bold>policies — general savings clause insufficient to comply with</bold> <bold>statute's express directive. —</bold> Where appellee contended that Ark. Code Ann. § <cross_reference>6-17-1209</cross_reference> did not provide a private right of action and simply required school districts to incorporate its terms into their written personnel policies, but presented no support for its argument that the general savings clause in the Professional Negotiations Agreement (PNA) was sufficient to comply with the express directive in Ark. Code Ann. § <cross_reference>6-17-1209</cro

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