dissenting.
This Court shows great deference to the findings of the Industrial Commission. That is a proper approach. This Court should not second guess the Industrial Commission when there is substantial and competent evidence to support its findings. However, as the Court notes, “ ‘Substantial and competent evidence consists of “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” ’ ” Wulff, 127 Idaho at 74, 896 P.2d at 982, quoting from Reiher v. American Fine Foods, 126 Idaho 58, 60, 878 P.2d 757, 759 (1994). Stretched to the maximum, the Industrial Commission’s findings do not reach this standard.
The Industrial Commission reviewed the record and concluded that the claimant was discharged, contrary to the findings of the appeals examiner. It is clear that she was not discharged. She was not told she was discharged. She did not ask if she was discharged. She subjectively reached that conclusion. Her conclusion was not reasonable. The appeals examiner denied benefits on the basis that the claimant voluntarily left her employment without good cause connected with the employment. The appeals examiner summarized the evidence as follows:
The claimant quit her job. The evidence on the record supports a conclusion that the claimant subjectively believed that she was being fired. However, the evidence does not support a conclusion that the claimant had an objective, reasonable basis to conclude that she was being fired. The claimant asserts that Ms. Waters said to her “Do you want me to let you go?”. The employer disputes that this statement was made. However, even if the statement were made, it would not give the claimant an objective reason to believe that she was being terminated.
In the course of a performance evaluation the claimant formed thoughts in her mind of her own making. She filed for unemployment benefits the same day. On the very next day the employer responded to the claim with the factual assertion that the claimant had not been terminated. Simply stated: (1) the employer did not terminate the employee; (2) when the claim was made the employer immediately responded that it had not terminated the claimant. Taking the evidence in the light most favorable to the claimant, the most that can be said is that she might reasonably conclude that if her job performance did not improve within a period of weeks she would be terminated. Words of present termination were not spoken, and the claimant was in fact given an opportunity to improve her performance.
This decision is significant in several respects. It extends a carte blanche to the Commission to decide whatever facts it wants without effective oversight. If there are relevant disputed facts that lead to a reasonable conclusion, this Court should not second guess the Commission. However, that principle should not allow the Commission to reach conclusions that are unsupported by even the most favorable reading of the facts. With the breadth of the conclusions reached by the Commission in this case employers can now be held liable for unemployment compensation and increased experienced ratings when they have not terminated an employee or created unbearable conditions that would constitute constructive discharge. The subjective, unfounded, emotional reaction of a claimant substitutes for termination. Employers must ask how they can conduct evaluations of their employees and avoid liability for unemployment compensation when the employee is offended or panics and tells the Commission, I thought I was fired.
The Commission’s conclusion is not supported by substantial and competent evidence and should be reversed.