Golchin v. DWS

Golchin v. DWS

IN THE UTAH COURT OF APPEALS
 

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Mahmood Golchin,

Petitioner,

v.

Department of Workforce Services, Workforce Appeals Board; and
Fresenius Medical Care Pharmacy,

Respondents.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030759-CA
 

F I L E D
January 21, 2005
 

2005 UT App 17

 

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Original Proceeding in this Court

Attorneys: Wesley M. Lang, Salt Lake City, for Petitioner

Suzan Pixton, Salt Lake City, for Respondents

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Before Judges Davis, Jackson, and Thorne.

PER CURIAM:

    Petitioner Mahmood Golchin appeals from a decision of the Workforce Appeals Board (Board) denying him unemployment benefits. Golchin argues that the Board erred when it concluded that his employer, Fresenius Medical Care Pharmacy (Fresenius), established that Golchin had been discharged for just cause.

    "Benefits shall be denied if the claimant was discharged for just cause . . . ." Utah Admin. Code R994-405-201. To establish just cause for a termination, the employer bears the burden of establishing that the employee's conduct involved each of the following elements: (1) culpability; (2) knowledge; and (3) control. See Utah Admin. Code R994-405-202; see also Albertsons v. Department of Employment Sec., 854 P.2d 570, 573 (Utah Ct. App. 1993).

    Golchin's employment was terminated for falsifying his timecards to receive a higher rate of pay on several dates between January and March 2003. Golchin alleges that the Board erred in denying benefits because Fresenius produced no credible evidence that he committed the acts in question.

    "When reviewing the factual findings made by an administrative agency, an appellate court will generally reverse only if the findings are not supported by substantial evidence." Drake v. Industrial Comm'n, 939 P.2d 177, 181 (Utah 1997). We defer to the agency because "it stands in a superior position from which to evaluate and weigh the evidence and assess the credibility and accuracy of witnesses' recollections." Harken v. Board of Oil, Gas & Mining, 920 P.2d 1176, 1180 (Utah 1996).

    The Administrative Law Judge heard testimony from both sides. Golchin testified that he never "clocked in" as an alternate without permission. Fresenius put forth witnesses who disputed this testimony based upon their review of Golchin's timecards, their review of his work schedule and pay increases, and their testimony that Golchin was not granted the required permission for the dates in question. Both the Administrative Law Judge and the Board found the testimony given by Fresenius to be more reasonable, and found Golchin's testimony conflicting and less credible. Based upon this testimony, the Administrative Law Judge and the Board found that Golchin deliberately falsified his timecard in order to obtain a higher rate of pay. This finding is supported by substantial evidence in the record.

    Golchin also challenges the conclusion that he was discharged for just cause. "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 Employment Sec., 782 P.2d 965, 968 (Utah Ct. App. 1989).

The Board determined that: (1) Golchin knew he was required to receive permission to clock in as an alternate; (2) Golchin had ultimate control to either clock in his regular timecard or utilize a specific code, thus earning the higher rate of pay; and (3) Fresenius utilized an honor system with timecards which, once abused, damaged the employment relationship sufficiently to make termination an appropriate response; abuse of this honor system for personal gain was culpable.

    Therefore, the Board determined that each element of Utah Administrative Code R994-405-202 had been met. The determination
that Golchin was discharged for just cause is reasonable and rational.

Accordingly, we affirm the Board's decision.

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James Z. Davis, Judge

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Norman H. Jackson, Judge

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William A. Thorne Jr., Judge