Sellers v. Employment Appeal Board

HAYDEN, Judge.

The petitioner, Robert Sellers, was employed as a seasonal painter for Alpha Painting from September 1991 until October 12, 1992. In the past, Sellers was verbally warned several times by the company’s owner, Mr. Gilliland, his work performance must improve. The employer claims Sellers understood if his work did not improve he would lose his job.

On October 12,1992, Sellers and two other painters were assigned a painting job on which the priming and scraping had been completed. Gilliland stated it appeared the three painters only applied two gallons of paint when normally a…