Virginia Employment Commission V. Gantt

The Virginia Employment Commission and Lady "L" Bridals appeal the circuit court's decision reversing the commission's denial of unemployment compensation benefits to Donna S. Gantt. The commission reversed the appeals examiner and denied benefits based on its finding that Gantt, an assistant manager who was fired for violating a company rule regarding eating in the store, was discharged for work-connected misconduct.*fn1 The circuit court reversed the commission's finding of misconduct, ruling that "[t]he single incident of Ms. Gantt's eating breakfast at the store, while violative of the company rule, [was] not conduct of such a nature or so recurrent as to constitute willful or deliberate misconduct sufficient to result in disqualification under Virginia Code § 60.1-58(b)." The court ruled further that the employer had not shown that the rule was reasonably designed to protect a legitimate business interest. On appeal, the issue is whether there was sufficient evidence as a matter of law to support the commission's finding of misconduct. Finding sufficient evidence to support the commission's finding, we hold that the circuit court erred and reverse.