McGee v. MS Employment Sec. Comm'n, et al.
| Docket Number: | 2003-CC-00143-COA Linked Case(s): 2003-CC-00143-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-20-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Misconduct - Section 71-5-513 A(1)(b) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, 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: 09-18-2002 Appealed from: Montgomery County Circuit Court Judge: Joseph H. Loper Disposition: ORDER AFFIRMED THE DECISION OF THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION BOARD OF REVIEW Case Number: 2002-0044-CV-L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Maurice S. McGee |
PRO SE |
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| Appellee: | Mississippi Employment Security Commission and Choctaw Food of Carthage, Mississippi | B. RAY THERRELL |
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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 - Section 71-5-513 A(1)(b) |
| Summary of the Facts: | Maurice McGee was discharged from Choctaw Maid Foods for poor work performance. He applied for unemployment benefits. The claims examiner held that he was not eligible for benefits. McGee appealed to the MESC which affirmed. Both the Board of Review and the circuit court also affirmed. McGee appeals. |
| Summary of Opinion Analysis: | Under section 71-5-513 A(1)(b), a person is disqualified from receiving unemployment benefits if he is discharged due to misconduct connected with his work. 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. McGee was discharged because he picked up scrap meat off the floor and placed it in a container with clean meat. This violation of USDA guidelines by placing contaminated meat in containers with uncontaminated meat constitutes misconduct. |
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