Multiple auto accidents not enough to prevent unemployment benefits

As we end a tumultuous 2020 and move into a new year, it’s time to turn our attention to the more mundane issue of unemployment compensation. The following case addresses how much damage an employee must do before it rises to the level of misconduct justifying the denial of unemployment benefits. A recent Arkansas Court of Appeals decision provides important guidance on the issue.

Facts

In 2017, Vivian Anderson began working as a driver for Inspiration Day Treatment, Inc. The employer terminated the relationship in November 2019, however, after she had been in multiple traffic accidents, which resulted in the employer's automobile insurance carrier canceling her coverage. She applied for unemployment benefits but was denied. She then appealed to the Arkansas Court of Appeals.

The employer noted three accidents during Anderson’s two years of employment, and she admitted being at fault in at least two of the collisions. That was enough for the Arkansas Appeal Tribunal and later the Arkansas Board of Review to determine her unemployment benefits request should be denied. The court of appeals disagreed, however, and reversed the decision, finding Anderson was eligible.

How did court arrive at conclusion? Legal test for misconduct