Jackson v. Mississippi Department of Employment Security
| Docket Number: | 2012-CC-01590-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2014 Opinion Author: Barnes, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Unemployment benefits - Voluntarily leaving employment - Section 71-5-513(A)(1)(a) - Repay assessed overpayment - Section 71-5-19(4)(b) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, 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: 03-12-2012 Appealed from: HINDS COUNTY CIRCUIT COURT Judge: WILLIAM A. GOWAN JR. Disposition: Affirmed the denial of unemployment benefits and ordered appellant to repay assessed overpayment of benefits plus accrued interest on the unpaid balance Case Number: 251-11-955 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Brenda Jackson |
PRO SE |
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| Appellee: | Mississippi Department of Employment Security | ALBERT B. WHITE, LEANNE FRANKLIN BRADY | ||
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 - Voluntarily leaving employment - Section 71-5-513(A)(1)(a) - Repay assessed overpayment - Section 71-5-19(4)(b) |
| Summary of the Facts: | Brenda Jackson was employed as a substitute teacher for the Jackson Public Schools Board of Trustees, until she moved to Texas to pursue other employment opportunities. After she moved, Jackson filed a claim for unemployment benefits with the Mississippi Department of Employment Security. MDES disqualified her from receiving any benefits and found that she had received an overpayment of $705 for the period of June 11, 2011, to June 25, 2011. Jackson appealed, and the administrative law judge found that since Jackson voluntarily left her employment with JPS, she was not entitled to unemployment benefits. Jackson appealed to the MDES Board of Review which affirmed. Jackson appealed to circuit court which affirmed. Jackson appeals. |
| Summary of Opinion Analysis: | Jackson argues that she did not voluntarily quit work, but rather that she was told by JPS there was no work available during the last two weeks of May. She also claims that she failed to receive notification of the required summer training for substitute teachers, which was mandatory in order to continue employment with JPS the next academic year. Section 71-5-513(A)(1)(a) provides that a person shall be disqualified from receiving benefits for the time he or she “left work voluntarily without good cause, if so found by the department[.]” The question of whether an employee voluntarily leaves his employment or is terminated is a question of fact to be determined by the MDES. Here, the ALJ’s findings are supported by the evidence. During the hearing, Jackson admitted she permanently relocated to Texas on June 1, 2011, because she thought she had a viable job prospect when she moved to Texas. Jackson also testified that she transferred colleges (from Jackson State University to the University of Southern Mississippi), so she could continue her education through online courses from Texas. Thus, there is sufficient evidence that Jackson left Mississippi and relocated on her own volition. In addition, Jackson is obligated to repay the assessed overpayment with interest under section 71-5-19(4)(b), since she was paid benefits for the two-week period following her relocation to Texas. |
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