DEPARTMENT OF VETERANS 
AFFAIRS, VA REGIONAL OFFICE 
#350 
APPELLANT 
V. 
DIRECTOR, DEPARTMENT OF 
WORKFORCE SERVICES and 
MARTHA E. BRITTON 
APPELLEES 

AFFIRMED 

Appellant Department of Veterans Affairs, VA Regional Office #350, brings this 
appeal from a decision of the Board of Review finding that appellee Martha E. Britton was 
discharged from her last work for reasons other than misconduct connected with the work. 
The appellant argues that the Board’s decision is not supported by substantial evidence, and 
that Mrs. Britton should have been disqualified from receiving unemployment benefits. We 
affirm.

Arkansas Code Annotated section 11-10-514(a)(1) (Repl. 2002) provides, “If so 
found by the Arkansas Employment Security Department, an individual shall be disqualified 
for benefits if he or she is discharged from his or her last work for misconduct in connection
with the work.” In Johnson v. Director, 84 Ark. App. 349, 351-52, 141 S.W.3d 1, 2 (2004), 
we stated: 

“Misconduct,” for purposes of unemployment compensation, involves: (1) disregard 
of the employer’s interest; (2) violation of the employer’s rules; (3) disregard of the 
standards of behavior which the employer has a right to expect; and (4) disregard of 
the employee’s duties and obligations to his employer. Rossini v. Director, 81 Ark. 
App. 286, 101 S.W.3d 266 (2003). To constitute misconduct, however, the 
definitions require more than mere inefficiency, unsatisfactory conduct, failure in 
good performance as the result of inability or incapacity, inadvertencies, ordinary 
negligence in isolated instances, or good-faith errors in judgment or discretion. Id. 
Instead, there is an element of intent associated with a determination of misconduct. 
Blackford v. Director, 55 Ark. App. 418, 935 S.W.2d 311 (1996). There must be an 
intentional and deliberate violation, a willful and wanton disregard, or carelessness 
or negligence of such a degree or recurrence as to manifest wrongful intent or evil 
design. Rossini v. Director, supra. Misconduct contemplates a willful or wanton 
disregard of an employer’s interest as is manifested in the deliberate violation or 
disregard of those standards of behavior which the employer has a right to expect 
from its employees. Blackford v. Director, supra. 

The employer has the burden of proving misconduct by a preponderance of the evidence. 
Arkansas Midland R.R. v. Director, 87 Ark. App. 311, 191 S.W.3d 544 (2004). 
In appeals of unemployment compensation cases we review the evidence and all 
reasonable inferences deducible therefrom in the light most favorable to the Board of 
Review’s findings. Snyder v. Director, 81 Ark. App. 262, 101 S.W.3d 270 (2003). The 
findings of the Board are conclusive if they are supported by substantial evidence. Billings 
v. Director, 84 Ark. App. 79, 133 S.W.3d 399 (2003). Substantial evidence is such relevant 
evidence as a reasonable mind might accept as adequate to support a conclusion. Id. Even 
where there is evidence upon which the Board might have reached a different decision, the 
scope of judicial review is limited to a determination of whether the Board could reasonably
reach its decision upon the evidence before it. Id. Additionally, the credibility of witnesses 
and the weight to be accorded their testimony are matters to be resolved by the Board. 
Williams v. Director, 79 Ark. App. 407, 88 S.W.2d 427 (2002). 

Mrs. Britton worked for VA Regional Office #350 as an informational technology 
specialist from 1997 until her discharge on January 15, 2006. The appellant’s decision to 
terminate Mrs. Britton was based on a series of events beginning on April 15, 2005, when 
Mrs. Britton failed to complete a work assignment and was absent without leave, resulting 
in a ten-day suspension from work. Mrs. Britton was subsequently reprimanded for 
disrespect toward her supervisor on July 22, 2005. On July 29, 2005, Mrs. Britton was cited 
for failure to follow orders and received a five-day suspension. Mrs. Britton received a 
fifteen-day suspension for failure to complete a work assignment on August 5, 2005. The 
situation culminated with Mrs. Britton’s failure to complete another work assignment on 
December 16, 2005, resulting in her discharge. 

Garry McClellan, Mrs. Britton’s second-line supervisor, testified about the events 
leading up to appellee’s termination. He indicated that the April 2005 incident occurred 
when the office was shorthanded and on April 11 he instructed Mrs. Britton to complete a 
spreadsheet by 9:00 a.m. on April 14. Instead of complying with that directive, Mrs. Britton 
responded on the morning of April 13 that she needed to take leave on that day from 12:30 
p.m. to 4:00 p.m. Mr. McClellan indicated that the second incident concerned a situation 
in an open work area where Mrs. Britton was very disrespectful to her immediate supervisor.

Shortly thereafter, there was a problem with the employee e-mail boxes, which Mrs. Britton 
was told to correct, but at first she took no action and later failed to adequately remedy 
the problem. Mr. McClellan testified that the August 2005 suspension arose because 
Mrs. Britton had been given an assignment to set up a particular training program, but failed 
to take appropriate action to complete the work. Mr. McClellan stated that, after an 
established pattern of failing to complete her assignments, Mrs. Britton was removed 
pursuant to an incident on December 16, 2005. Mr. McClellan stated that, on that occasion, 
a temporary transcriptionist was in the office being paid by the appellant but was unable to 
perform her work because Mrs. Britton failed to provide the transcriptionist with the proper 
computer access to complete her duties. 

Mr. McClellan acknowledged that during this time frame there was a changing 
environment at the regional office, and that there had been a reduction in staff, including 
going from three IT specialists to one. He stated, “Every employee had to do more with less 
and were expected to pick up more of the load.” Mr. McClellan maintained that 
Mrs. Britton’s removal was based on a pattern of continuing behavior where she refused to 
complete assignments given by her supervisors, and performed assignments in a manner 
inconsistent with her supervisor’s directions. 

Mrs. Britton testified on her own behalf, and did not dispute the allegation that she 
had failed to complete some of her assigned tasks. However, she indicated that such failure 
was primarily due to unavailability of time or miscommunication, as opposed to willful
misconduct. With regard to the April 2005 incident, Mrs. Britton stated that she advised 
Mr. McClellan that she did not have time to do things outside of the norm. While she took 
three hours leave on that occasion without approval, Mrs. Britton stated that she had 
personal matters to tend to and that she was supposed to be on vacation for the entire 
previous week but willingly gave that up for the benefit of her employer. Mrs. Britton 
maintained that her other deficiencies were a result of the reduction in staff, stating: 

The only thing that I might add is, you know, they’re describing that I have not 
been...willing to work with the reduction. It’s not that I haven’t been willing, but 
when you’re trying to focus on IT and you’re trying to focus on something that’s 
bigger than one person can handle to begin with, there are certain times you have to 
say, “I can’t deal with this over here because I have to stay focused here in order to 
accomplish this job correctly.” I never refused to work on other things when there 
was time available. 

Mrs. Britton further asserted that there had been communication problems, in particular with 
her responsibilities regarding the assignment she failed to complete on December 16, 2005. 
Mrs. Britton testified, “I’m saying there’s a problem with communication and that, when I 
explained to them my side of what’s going on, they’re trying to twist it into something 
different.” As for the July 22, 2005, incident where she was reported to have been 
disrespectful to her supervisor, Mrs. Britton stated that she and numerous others who were 
present saw nothing inappropriate about the conversation. 

For reversal of the Board’s decision, the appellant argues that the only reasonable 
conclusion was that Mrs. Britton was guilty of willful misconduct and not just poor job 
performance. Appellant notes that Mrs. Britton had received positive reviews in the past,
and asserts that when she did perform her assignments the work was at or above 
expectations. Appellant contends, however, that on multiple occasions Mrs. Britton simply 
refused to carry out her assignments, and established a pattern of resisting anything assigned 
to her. Appellant further submits that Mrs. Britton’s decision to leave work without prior 
approval, and her insubordination to her supervisor, constituted instances of intentional 
disregard for her employer’s interests. Under these circumstances, appellant argues that 
there is no substantial evidence to support the Commission’s finding that Mrs. Britton was 
discharged for reasons other than misconduct in connection with the work. 

Deferring to the Board’s duty to determine the credibility of witnesses, as we must, 
we hold that substantial evidence supports the Board’s finding that appellant failed to meet 
its burden of proving that Mrs. Britton’s termination was for misconduct connected with her 
work. It is evident that the Board credited Mrs. Britton’s testimony, and she explained that 
her repeated deficiencies in timely completing certain work assignments was not due to 
intentional insubordination, but rather to a reduction in work staff causing unworkable time 
constraints, as well as communication problems regarding what was expected from her. 

While it is true that on the initial episode in April 2005 Mrs. Britton did take three hours of 
unauthorized leave rather than working on an assigned task, this resulted not in her 
termination but rather a ten-day suspension. The Board specifically found, “The claimant 
rebutted the allegations with reasonable explanations concerning all the allegations, except 
for the first event in April 2005 when she declined to complete an assigned report.” The
Board found that the reason for termination was a subsequent series of events that reflected 
an unsuccessful attempt by Mrs. Britton to perform her job to the best of her abilities, as 
opposed to willful disregard for the directions of her supervisor. Because the Board could 
reasonably reach this conclusion on the evidence presented, we affirm its decision that 
Mrs. Britton is not disqualified from benefits under Ark. Code Ann. § 11-10-514(a)(1) 

(Repl. 2002). 
Affirmed.