Legal Opinion

Stark v. ASSISTED LIVING CONCEPTS, INC.

Idaho Supreme Court

Decided March 1, 2012No. 38715PublishedCited by 4 opinions

1Opinion of the Court

EISMANN, Justice.

This is an appeal from a decision of the Industrial Commission holding that an employee’s refusal to obey a direct order from a supervisor to answer a question related to the employer’s business did not constitute misconduct under the Employment Security Law. We reverse the decision of the Commission.

I

Factual Background.

The material facts in this case are undisputed. From April 21, 2008, through October 29, 2010, Brooke Stark (Claimant) was employed by Assisted Living Concepts, Inc., (Employer) as the residence director of Sylvan House, one of Employer’s assisted living…

2Cases cited5 opinions

  1. Folks v. Moscow School District No. 281Idaho Supreme Court · 1997
  2. Avery v. B & B RENTAL TOILETSIdaho Supreme Court · 1976
  3. Sprague v. Caldwell Transportation Inc.Idaho Supreme Court · 1989
  4. Fife v. Home Depot, Inc.Idaho Supreme Court · 2011
  5. Adams v. Aspen Water, Inc.Idaho Supreme Court · 2011

3Cited by4 opinions

  1. Copper v. Ace Hardware/Sannan, Inc.Idaho Supreme Court · 2016
  2. Rule Steel Tanks, Inc. v. Idaho Department of LaborIdaho Supreme Court · 2013
  3. Muchow v. Varsity Contractors, Inc.Idaho Supreme Court · 2014
  4. Shumway v. IDOLIdaho Supreme Court · 2023

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