Kilpatrick v. Director, Arkansas Employment Security Department

I dissent from the majority decision in this case. The majority has found substantial evidence to support the decision of the Board of Review which held that appellant’s inability to work nights and weekends was a willful disregard of the employer’s best interest and was therefore misconduct. In Carraro v. Director, 54 Ark. App. 210, 924 S.W.2d 819 (1996), we explained misconduct as it has been construed in unemployment insurance cases.

Arkansas Code Annotated § ll-10-514(a)(l) (Repl. 1996) provides that an individual shall be disqualified for benefits if he is discharged from his last work…