Caldwell v. DWS

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Michelle D. Caldwell,
Petitioner,

v.

Workforce Appeals Board,
Department of Workforce Services;
and Zions First National Bank,
Respondents.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020194-CA

F I L E D
May 31, 2002 2002 UT App 186 -----

Original Proceeding in this Court

Attorneys:

Michelle D. Caldwell, Gunnison, Petitioner Pro Se

H. Craig Bunker, Salt Lake City, for Respondent Workforce Appeals Board

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Before Judges Bench, Davis, and Thorne.

PER CURIAM:

This case is before the court on a sua sponte motion for summary disposition. Petitioner Michele D. Caldwell seeks judicial review of the agency's decisions disqualifying her from receiving unemployment compensation based upon her discharge for just cause.

An individual is ineligible for unemployment benefits when he or she is discharged for "just cause." Utah Code Ann. § 35A-4-405(2)(a)(2001). Factors to be considered in determining whether just cause exists are culpability, knowledge, and control. See Utah Admin. Code R994-405-202. An agency's application of law to its findings of fact will not be disturbed unless its determination "exceeds the bounds of reasonableness and rationality." Johnson v. Department of Emp. Sec., 782 P.2d 965, 968 (Utah Ct. App. 1989).

Caldwell does not dispute that she violated company policy for handling cash. Her claim in the agency and before this court is that other employees also violated the policy and were not terminated. However, the facts establish the elements of culpability, knowledge, and control. Caldwell knew that her actions violated Zions Bank's money handling policies, and she had previously been placed on probation for mishandling bank funds. She knew, based upon her experience and training, that the violation was serious enough to result in termination. Caldwell had control over her own behavior, but chose to pay for personal items with money from her teller drawer. Caldwell's behavior was culpable because it took place in the presence of a bank customer and adversely impacted the bank's reputation for honesty and correct handling of its responsibilities.

Under these circumstances, the agency's determination that just cause existed for Caldwell's discharge is reasonable and rational. We affirm the agency's decision and dismiss the petition for review.
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
James Z. Davis, Judge
 
 

______________________________
William A. Thorne Jr., Judge