Williams v. Miss. Dep't of Employment Sec.
| Docket Number: | 2011-CC-01323-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-02-2012 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Misconduct - Section 71-5-513(A)(1)(b) Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ. Dissenting Author : Irving, P.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: 06-13-2011 Appealed from: Washington County Circuit Court Judge: Richard Smith Disposition: AFFIRMED MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY BOARD OF REVIEW’S DECISION DENYING BENEFITS Case Number: 2011-0057 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Wendell Williams a/k/a W. Williams |
PRO SE |
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| Appellee: | Mississippi Department of Employment Security | ALBERT B. WHITE, LEANNE FRANKLIN BRADY |
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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: | Wendall Williams worked as a repair aircraft spotter at Leading Edge Mississippi Inc. He was terminated for disregarding his job duties and company policy. Williams filed for unemployment benefits, and the Mississippi Department of Employment Security Board of Review denied his request. Williams appealed to circuit court which affirmed. Williams appeals. |
| Summary of Opinion Analysis: | Williams argues that he did not possess “original” responsibility for spotting the lift that collided with the airplane. Section 71-5-513(A)(1)(b) provides that “an individual shall be disqualified for [unemployment] benefits . . . for misconduct connected with his work if so found by the department.” Misconduct is defined as 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, the payroll manager testified on behalf of Leading Edge that the duties of Williams's job were watching airplane repairmen use lifts to work on airplanes, and his duties required him to ensure that the lifts did not move dangerously close to the airplanes. She testified that Williams was aware of the company policy and the safety procedure. The record shows that Williams left his assigned station at the time of the collision, and that had he remained at his station, he would have observed the lift in sufficient time to warn the lift operator. Thus, Leading Edge met its burden of establishing substantial, clear and convincing proof that Leading Edge discharged Williams for misconduct. |
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