AR: failure to follow protocol for no bowel sounds: nurse terminated for good cause denied UI benefit.

CASE FACTS: Sharon Johnson was employed as an LPN at Beverly Health Center in Camden, Arkansas, from 1986 until she was terminated on October 16, 2002. Glen Clark, the Executive Director of the facility, maintained that Johnson was fired for violating Rule 1.1 of the health center's progressive disciplinary system for "neglect" because of her failure to intervene on behalf of a resident. Clark maintained that Johnson had worked the 11:00 p.m. to 7:00 a.m. shift on October 13-14, when at approximately 5:00 a.m., she made an entry in a resident's chart that she was "unable to obtain bowel sounds." He maintained that when bowel sounds are not detected, standard protocols called for an LPN is to locate another nurse to listen for bowel sounds, and if none are heard, immediately notify a physician and immediately notify the resident's family as well as The Director of Nursing. Johnson allegedly took no further action after making the entry of no bowel sounds in the resident's chart. Johnson appealed. A hearing Board chose to lend more credence to the testimony of the facility's officials. The court noted that Johnson had a history of failing to attend in-service training sessions. Clark noted that failure to act in accordance with the ready to follow protocol was a "Category One Violation" and that all employees had been advised that failure to follow the protocol was cause for dismissal for even a single Category One Violation. Johnson's application for unemployment benefits was denied. She appealed the denial to the Board of Review which denied her application for unemployment benefits. This was based on a finding that Johnson was discharged for misconduct in connection with her work. Johnson contended that the Board's decision was not supported by substantial evidence. Johnson appealed Board's decision.

COURT'S OPINION: The Court of Appeals of Arkansas affirmed the Board's decision denying unemployment benefits to Johnson. The testimony elicited at trial reflected that listening for bowel sounds was a basic component of physical assessment required to be performed by nurses. The nursing home had established a procedure that was to be followed. The court was firm in its opinion that Johnson's's inability to detect bowel sounds was not the issue. However, when asked why she did not follow protocol, Johnson replied that she "just didn't." A plausible answer might have put this matter to rest. However Johnson did not give a plausible answer. The court concluded that Johnson's testimony that she did not neglect the patient was for the Board to decide. Johnson v. Director of the Arkansas Employment Department, 2004 WL 61017 S.W.3d-AR