ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOSEPHINE LINKER HART, JUDGE
DIRECTOR OF WORKFORCE
October 10, 2007
APPEAL FROM THE DEPARTMENT
OF WORKFORCE SERVICES
BOARD OF REVIEW
REVERSED AND REMANDED
JOSEPHINE LINKER HART, Judge
Othalee Winn, formerly a “security person” for Peachtree Village in Farmington,
appeals from a decision of the Department of Workforce Services Board of Review denying
her unemployment compensation benefits. On appeal, Winn argues that the Board of Review
erred in finding that she voluntarily left work without good cause. We agree and reverse and
remand for an award of benefits.
At her hearing, Winn testified that for thirty-three months, she worked from 11:00
p.m. to 7:00 a.m. at Peachtree Village, a sixty-five unit independent living facility. Although
she was hired as the “security person,” she described her duties as being the facility contact
person, present in case “residents got sick or needed anything.” She also was tasked with
housekeeping. Winn stated that in addition to the sixty-five apartments, the facility had five
bathrooms and five laundries.
Starting in September 2006, there was a series of break-ins and robberies in the
apartments. The first occurred when Winn was not on duty, but it happened during her
regular work hours. The second incident, a robbery of a resident, took place during her shift.
A third incident in which a resident’s room was burglarized occurred during the day shift.
Winn found the other employees of Peachtree Village largely indifferent to the
situation. She stated that there were twenty-one exit doors in the facility and they were not
being secured even though it was the responsibility of personnel on the preceding shift. She
found the laundry left unlocked with the lights on and the housekeeper’s keys hanging in
plain view. Likewise, she found the kitchen unsecured. Rather than allaying