Sherman v. Miss. Employment Sec. Comm'n
| Docket Number: | 2006-CC-01916-SCT Linked Case(s): 2006-CC-01916-SCT |
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| Oral Argument: | 03-26-2008 | |
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| Supreme Court: | Opinion Link Opinion Date: 08-28-2008 Opinion Author: RANDOLPH, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Unemployment benefits - Good cause - Section 71-5-513(A)(1)(a) - Violation of section 75-24-25(2) Judge(s) Concurring: SMITH, C.J., WALLER, P.J., EASLEY, CARLSON, DICKINSON AND LAMAR, JJ. Concurs in Result Only: DIAZ, P.J. (WITH SEPARATE WRITTEN OPINION) Joined by Graves, J., and in Part by Easley, J. 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: 10-03-2006 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: Sherman was awarded unemployment benefits, but later the Board of Review for the Mississippi Department of Employment Security (“MDES”) denied Sherman’s claim. The Circuit Court of Jackson County, Mississippi, affirmed. Case Number: CI-2006-00,159(2) |
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| Party Name: | Attorney Name: | |||
| Appellant: | PATRICIA A. SHERMAN |
JOHN C. JOPLING,
JEREMY DAVID EISLER |
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| Appellee: | MISSISSIPPI EMPLOYMENT SECURITY COMMISSION | ALBERT B. WHITE |
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| Topic: | Unemployment benefits - Good cause - Section 71-5-513(A)(1)(a) - Violation of section 75-24-25(2) |
| Summary of the Facts: | Following Hurricane Katrina, Patricia Sherman was instructed by her employer to charge and collect room rates greater than room rates charged before the storm. Soon thereafter, she quit her position as a motel desk clerk. Initially, Sherman was awarded unemployment benefits, but later the Board of Review for the Mississippi Department of Employment Security denied Sherman’s claim. The circuit court affirmed. Sherman appeals. |
| Summary of Opinion Analysis: | Pursuant to section 71-5-513(A)(1)(a), an individual is disqualified from receiving unemployment benefits if they left work voluntarily without good cause. Unemployment benefit claimants satisfy their burden of proof of good cause for leaving work when they voluntarily leave employment rather than violate a statute. Here, Sherman rejected instructions to commit an act in violation of section 75-24-25(2). Given these facts, and applying the correct law, the AAO, the Board of Review, and the circuit court erred in rejecting the determination of the claims examiner that Sherman was entitled to unemployment benefits. |
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