FROM THE ARKANSAS BOARD OF REVIEW [NO. 2019-BR-00069]
Shatarra N. Welch, pro se appellant.
Edwards, Little Rock, for appellee.
Shatarra Welch appeals from the finding of the Arkansas Board
of Review that she is disqualified from receiving
unemployment benefits. The Board found that Welch voluntarily
left her employment at Motel 6 without good cause connected
with the work. Because this finding is not supported by
substantial evidence, we reverse and remand.
appeal, we review the findings of the Board in the light most
favorable to the prevailing party, reversing only when the
Boards findings are not supported by substantial evidence.
Davis v. Dir., 2013 Ark.App. 515, 2013 WL 5272928.
Substantial evidence is such evidence that a reasonable mind
might accept as adequate to support a conclusion.
Id. Even when there is evidence on which the Board
might have reached a different decision, the scope of our
judicial review is limited to a determination of whether the
Board could reasonably reach its decision on the evidence
before it. Id. Issues of credibility of the
witnesses and weight to be afforded their testimony are
matters for the Board to determine. Id.
Although the employer did not appear at the hearing before
the Appeal Tribunal, the evidence submitted below by both the
employer and Welch demonstrates that she was discharged and
did not quit. The "discharge" form submitted by the
employer states that Welch was discharged for "absence,
tardy, no-call no-show, unreliable" and provides that
the "final decision" was made on October 8. The
employer also submitted two letters that both state Welch was
"terminated due to reliability issues." One letter
provides a timeline of Welchs attendance at work from
October 1 to October 8 and states that "[i]n addition to
above the employee used to be late to come to work quite
often and due to these problems we decided to terminate the
employee." The letter goes on to note that Welch reached
out to one of the employers front-desk staff on October 12,
that the employer offered to meet with her, and that Welch
said she could not come to the motel during the offered
times. The letter states that "[i]f she wanted to be
reconsidered she could have made an effort to come during
daytime and speak to the owner."
with the employer, Welch submitted a form below stating that
she was discharged for absenteeism on October 8. She wrote on
the form and testified at the hearing that she received a
text message from the manager on October 8 telling her
"do not return to work." Welch testified that an
employee who was not a member of management later proposed
that Welch come in between 3:00 and 4:00 p.m. on October 12.
Welch did not go because a manager had already told her not
to return, and the employee did not tell her that she had
spoken to management on Welchs behalf.
Code Annotated section 11-10-513(a)(1) (Repl. 2012) provides
that an individual shall be disqualified for benefits if she
voluntarily and without good cause connected with the work
left her last work. The Board found that Welch did not show a
good-faith effort to remain employed because she refused to
meet with the owner to discuss her return to work after the
October 12 communication. This finding is not supported by
substantial evidence because the evidence shows that Welch
had already been discharged by October 12. Both Welch and the
employer stated that she was discharged on October 8; thus,
her failure to meet with the employer after October 12 to be
"reconsidered" is irrelevant. Accordingly, we
reverse and remand for the Board to determine whether the
circumstances of Welchs discharge entitle her to benefits in
accordance with Arkansas Code Annotated section 11-10-514
Reversed and remanded.
Gladwin, Whiteaker, and Hixson, JJ., agree.
M. Brown, Judge, dissenting.
the following reasons, I must dissent from the majoritys
decision to reverse and remand without an order for
additional evidence to be reviewed by the Board. The plain
text of Arkansas law provides that additional evidence may be