Thompson v. Director, Arkansas Employment Security Department

John B. Robbins,

I dissent from the majority’s decision to reverse and remand for an award of benefits. In my opinion, this case should be reversed and remanded for additional findings of fact.

I agree with the majority to the extent that a claimant’s reliance on an agency misrepresentation may be the basis for awarding unemployment benefits. In Foote’s Dixie Dandy v. McHenry, 270 Ark. 816, 607 S.W.2d 323 (1980), the supreme court abandoned the principle that the State can never be estopped by the actions of its agents. Estoppel is not a defense that should be readily available against the…