APPEAL FROM THE DISTRICT COURT OF MUSKOGEE COUNTY, OKLAHOMA. HONORABLE JAMES E. EDMONDSON, JUDGE.
EMPLOYEE FAILED TO RETURN TO WORK FROM DISABILITY LEAVE WITHIN THREE DAYS OF THE DATE OF HER RELEASE BY HER DOCTOR. THE EVIDENCE SHOWS SHE KNEW SHE WAS RELEASED TO WORK ON THAT DATE.
PURSUANT TO A WRITTEN POLICY OF THE EMPLOYER, SUCH ABSENCE, WITHOUT PROPER NOTIFICATION, WAS DEEMED TO BE A RESIGNATION. AN EMPLOYER HAS A REASONABLE RIGHT TO EXPECT ITS EMPLOYEES TO APPEAR FOR WORK AT APPOINTED TIMES. IF AN EMPLOYEE IS ABLE TO WORK AND DOES NOT APPEAR FOR WORK, THIS SHOWS DELIBERATE, WILLFUL AND WANTON DISREGARD OF THE EMPLOYER'S INTEREST, AND THE EMPLOYEE IS GUILTY OF MISCONDUCT.
EMPLOYEE'S RELIANCE ON THE CONTENTION THAT EMPLOYER MUST SHOW IT SUFFERED HARM IS MISPLACED. EMPLOYER NEED ONLY SHOW THE EMPLOYEE IS GUILTY OF MISCONDUCT, WHICH WAS SHOWN HERE.
THE ORDER OF THE BOARD OF REVIEW OF THE OESC DENYING UNEMPLOYMENT BENEFITS WAS SUPPORTED BY THE EVIDENCE, AND NO ERROR OF LAW HAS BEEN SHOWN. THE DISTRICT COURT'S ORDER AFFIRMING THE BOARD OF REVIEW IS AFFIRMED ( JOB ABANDONMENT / UNEMPLOYMENT COMPENSATION BENEFITS ) ( GARRETT )
** SEE: 47 F.3D 1067 (1995) **
** COURT HELD THAT THE GRANTING OF SUMMARY JUDGMENT HAD TO BE REVERSED