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Pickney v. L. A. Darling Co.2/23/2005
k is without reasonable cause. Clayton Kidd Logging Co. v. McGee, 77 Ark. App. 226, 72 S.W.3d 557 (2002).
Here, the Commission's conclusion that the employer did not refuse to return appellant to work without reasonable cause was based on its finding that appellant's discharge was part of a company-wide layoff, prompted by adverse business conditions, where length of continuous service with the company was the controlling factor. On appeal, appellant argues that appellee should have taken a different view of seniority, stressing length of supervisory experience rather than total service, and therefore should have laid off another worker rather than appellant. We do not agree.
Section 11-9-505 establishes no rigid formula or set guidelines, but instead simply requires that a refusal to return an employee to work must not be unreasonable. Here, there was testimony that declining orders prompted layoffs; that the first round of layoffs took place shortly before appellant's injury ; that a second round of layoffs for supervisory personnel was planned if conditions did not improve; that appellant had been tentatively selected as the production supervisor to be laid off if necessary because he had the least seniority at the company measured by total time employed; that conditions did not improve; and that appellant was therefore laid off. Given that the continuation in business of the employer is a valid consideration under the statute, we cannot say that the Commission erred in finding that appellant's termination was reasonable.
Affirmed.
Gladwin and Vaught, JJ., agree.
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