( Joplin )
( McIntosh County - Robert A. Layden )
Appellants (individually by name, or collectively, OESC) seek review of the trial court's order reversing OESC's previous order denying unemployment compensation benefits to Sonnie Eugene Doyle. In this appeal, OESC asserts competent evidence supports the prior determination of termination of Doyle's employment with Eufaula Independent School District (School) for misconduct, disqualifying Doyle from receipt of unemployment benefits. We disagree, and affirm the trial court's order reversing OESC and holding Doyle eligible for unemployment compensation.
School employed Doyle as a custodian in 1988 with limited duties as a bus driver added in 1990. Federal law in effect at the time of Doyle's hiring required all school bus drivers to obtain a commercial drivers license by April 1, 1992, and Doyle admits he knew of this requirement.
On March 13, 1992, Doyle attempted to obtain his commercial license by taking the written examination therefor. However, Doyle asserted that licensing officials told him after the test that he would have to also take the driving examination because his regular drivers license had expired two weeks earlier. Doyle again attempted to obtain his commercial license in late March but "flunked" the driving test, requiring him to return in one week for re-testing.
On April 1, 1992, School's superintendent effectively terminated Doyle's employment for failure to obtain the required license. On April 7, 1992, Doyle obtained his commercial drivers license. On April 27, 1992, the School board upheld the superintendent's termination of Doyle's employment.
Doyle subsequently applied for unemployment compensation. OESC denied the claim, finding Doyle's termination for misconduct connected to his employment. Doyle appealed the OESC decision to the trial court. On the uncontroverted evidence, the trial court specifically found Doyle's alleged misconduct legally insufficient to support denial of unemployment compensation, and reversed the OESC order denying Doyle benefits. OESC appeals.
Unemployment compensation provides relief to persons unemployed through no fault of their own. Arkle v. Independent School District No. 1 of Tulsa County, 784 P.2d 91, 93 (Okla.App. 1989), citing Vester v. Board of Review Oklahoma Employment Security Commission, 697 P.2d 533 (Okla. 1985). However, a person discharged for misconduct connected with employment is disqualified from receiving such benefits.