MARSHALL v. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES

No. E 11-292.

2012 Ark.App. 317

ELMER MARSHALL, APPELLANT, v. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES, AND McDONALDS, APPELLEES.

Court of Appeals of Arkansas, Division II.

Opinion Delivered May 2, 2012.


DOUG MARTIN, Judge.

Appellant Elmer Marshall was denied unemployment benefits by the Board of Review, which had affirmed the Appeal Tribunal's decision finding that Marshall was discharged from his job for misconduct connected with the work. We reverse and remand for an award of benefits.

Marshall had worked for five years as a "maintenance man" at McDonald's in Stuttgart. On September 21, 2010, Marshall was outside the restaurant cleaning debris from the...

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