Harper v. Dept of Labor
Annotate this CaseBetty S. Harper (“Claimant”) was terminated from her employment with Phed Investments, Ltd. d/b/a Silverstone Inn and Suites (“Employer”), a hotel located in Post Falls, where she had been employed as a night auditor. She had worked at the same hotel for over ten years, during which time there had been several ownership and management changes. The most recent owner had acquired the property in February 2013. In February 2014, Employer implemented a new computer-based system that handled reservations and credit card batches. After implementation of that system, Claimant’s job performance declined. The manager noticed errors in Claimant’s work on the days he came in for the morning shift to relieve her. He verbally counseled her, and she would acknowledge that she could do better. When her performance did not improve, Employer reduced her hours to three days a week and then to two days a week. Claimant was ultimately terminated for failing to perform her duties and for insubordination. Claimant applied for unemployment benefits, which were denied on the ground that she was terminated for misconduct. Claimant appealed, and the matter was heard de novo by an appeals examiner who conducted an evidentiary hearing by telephone. The appeals examiner held that Claimant was entitled to benefits, and Employer appealed to the Industrial Commission. It reviewed the record de novo and issued a decision and order denying benefits on the ground that Claimant was discharged for employment-related misconduct based upon her failure to perform her job duties to Employer’s expectations when she was capable of doing so and for insubordination. Claimant then appealed to the Supreme Court. Finding no error in the Commission's decision, the Supreme Court affirmed.
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