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Williams v. Butler

The Court reversed the denial of the plaintiff's application for unemployment compensation benefits, as the appellate record contained no evidence that the plaintiff was at fault in causing her termination.

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Penny Williams was terminated from her job at a Phillips-Van Heusen Corporation “PVH” distribution center and applied for unemployment-compensation benefits, which were initially awarded. Following PVH’s challenge, an administrative-hearing officer “AHO” reversed the award, and both the Department of Labor Board of Review the “Board” and the Superior Court of Cobb County affirmed that decision. Williams now appeals, arguing that the Board improperly based its decision on hearsay evidence and that it erred in finding that she was at fault in causing her termination. For the reasons set forth infra, we reverse.

The record shows that Williams initially worked for PVH from 2006 through December 2009, when she was terminated for fighting with a co-worker. But following an agreement reached between PVH and Williams’s union, she was rehired and returned to work on February 15, 2010. And as a condition of her rehiring, PVH informed Williams that she was on probation for the next 60 days and that any written warning “write-up” for a violation of company policy during that time period would result in termination of her employment.

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