Brown v. Iowa Beef Processors ( 1984 )

BAKES, Justice.

Claimant pleaded guilty to a charge of “driving while intoxicated” and was given a “withheld judgment” pending successful completion of a one-year probation. The case was dismissed in February of 1979, after probation. In September of 1979, claimant was hired by Iowa Beef Processors. On his employment application claimant answered “no” to the following question:

“Except for minor traffic offenses, have you ever entered a plea of guilty or no contest to any criminal charge, or has a finding ever been made by a judge or jury that you were guilty of a criminal offense? You must answer the question “yes” if you have ever so pled or been found guilty of a criminal offense, even if no judgment or conviction is shown on the record.”

At the end of the application, claimant signed the following certificate:

“I hereby certify that statements made in this application and related information are true and accurate to the best of my knowledge, and that any misstatement or material omission may be the basis for not hiring me or may be cause for suspension or dismissal if I am hired

Early in 1982, while investigating thefts from employees’ lockers, the employer was informed by law enforcement officials that claimant had a “criminal record.” The employer questioned the claimant who then informed the employer of the withheld judgment and other subsequent criminal proceedings. The employer subsequently discharged claimant for supplying false information on the job application. Claimant has applied for unemployment benefits which were denied by a decision of the Industrial Commission.

A claimant is eligible for unemployment benefits if the claimant’s “unemployment is not due to the fact ... that he was discharged for misconduct in connection with his employment.” I.C. § 72-1366(e). The issue presented is whether the claimant’s answer of “no” to the question, concerning his criminal record, on the employment application constitutes “misconduct” within the meaning of I.C. § 72-1366(e). We have previously defined “discharged for misconduct” as a:

“willful, intentional disregard of the employer’s interest; a deliberate violation of the employer’s rules; or a disregard of the standards of behavior which the employer has the right to expect of his employees.” Johns v. S.H. Kress & Co., 78 Idaho 544, 548, 307 P.2d 217, 219 (1957).

We have also held that false information given with “deceitful intent” on an employment application is grounds for discharge for misconduct, Woodhams v. Ore-Ida Foods, Inc., 101 Idaho 369, 613 P.2d 380 (1980), but an inadvertent omission on an employment application without “deceitful intent” is not an adequate basis to discharge an employee for misconduct, Wroble v. Bonners Ferry Ranger Station, 97 Idaho 900, 556 P.2d 859 (1976). In the present case, the Industrial Commission found that “the claimant here intended to deceive the employer when he filled out his employment application.” See Woodhams v. Ore-Ida Foods, Inc., supra. This finding is adequately supported by the claimant’s testimony that he believed he would not get hired if he answered “yes” to the question. Also, in claimant’s “unemployment insurance interview” while applying for benefits, claimant stated in his own handwriting:

“I did feel that my police record might prevent me from gaining employment so I did not enter it on my application form.”

The commission also made a factual finding that the claimant was discharged because of the false application answer. This finding was based on the testimony of the employer’s plant manager and personnel director. Although there was conflicting evidence on both issues, the Industrial Commission is the ultimate factfinder, and we are bound by these facts. Hutchinson v. J.R. Simplot Co., 98 Idaho 346, 563 P.2d 404 (1977). In view of the factual findings of the commission and the supporting evidence, we affirm the commission’s decision that claimant was “discharged for misconduct” within the meaning of I.C. § 721366(e) and is therefore not eligible for unemployment benefits. Woodhams v. Ore-Ida Foods, Inc., supra.

DONALDSON, C.J., and SHEPARD and HUNTLEY, JJ., concur.