Pendleton v. Miss. Dep't of Employment Sec.
| Docket Number: | 2010-CC-01405-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-24-2012 Opinion Author: Lee, C.J. |
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| Additional Case Information: |
Topic: Unemployment benefits - Misconduct Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 07-26-2010 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: AFFIRMED BOARD OF REVIEW’S DECISION TO DENY UNEMPLOYMENT BENEFITS TO CLAIMANT Case Number: 2010-0231 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jacqueline Pendleton |
PRO SE |
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| Appellee: | Mississippi Department of Employment Security | ALBERT B. WHITE | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Unemployment benefits - Misconduct |
| Summary of the Facts: | Jacqueline Pendleton worked for Sanderson Farms until August 17, 2009, when she was discharged for clocking in a coworker approximately thirty minutes before he arrived for his shift. Pendleton filed for unemployment benefits with the Mississippi Employment Security Commission. The MESC claims examiner determined Pendleton had violated Sanderson Farms’ policy prohibiting falsification of time records and disqualified Pendleton from receiving unemployment benefits. The administrative judge affirmed the decision of the claims examiner. The MESC Board of Review also affirmed. Pendleton appealed to circuit court which also affirmed the decision of the Board. Pendleton appeals. |
| Summary of Opinion Analysis: | Pendleton argues that she did not commit misconduct; thus, she should be awarded unemployment benefits. Misconduct is conduct evincing such willful and wanton disregard of the employer’s interest as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect from his employee. In this case, there was substantial evidence to support the Board’s decision. The record established Pendleton had the other employee’s identification badge, and someone used it to clock in for him approximately thirty minutes before his shift. Pendleton further admitted that she occasionally clocked in for other employees. Also, Sanderson Farms employees were notified of the company policy that falsification of time records is grounds for immediate discharge without warning. |
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