Acy v. Miss. Employment Sec. Comm'n
| Docket Number: | 2005-CC-02019-COA Linked Case(s): 2005-CC-02019-COA |
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| Court of Appeals: |
Opinion Date: 02-06-2007 Opinion Author: Irving, J. Holding: The judgment of the Circuit Court of Rankin County is affirmed in part and reversed in part and remanded to the Mississippi Department of Employment Security for a determination of the amount of benefits due appellant and for reimbursement of payments recouped from appellant. |
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| Additional Case Information: |
Topic: Unemployment benefits - Misconduct - Repayment of benefits Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ. and Chandler, J. Non Participating Judge(s): Barnes and Carlton, JJ. Concur in Part, Dissent in Part 1: Griffis, J., concurs in part and dissents in part with separate written opinion Concur in Part, Dissent in Part Joined By 1: Ishee and Roberts, 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: 09-16-2005 Appealed from: Rankin County Circuit Court Judge: William E. Chapman, III Disposition: DECISION OF THE BOARD OF REVIEW OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY, FINDING THAT APPELLANT WAS DISQUALIFIED FROM RECEIVING UNEMPLOYMENT BENEFITS, WAS AFFIRMED. Case Number: 2005-125-C |
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| Consolidated: Consolidated with 2005-CC-02378-COA Mississippi Department of Employment Security v. Kathi L. Acy; Rankin Circuit Court; LC Case #: 2005-0173-C; Ruling Date: 11/01/2005; Ruling Judge: William Chapman, III | ||
| Note: | This opinion has been withdrawn and superceded by a later opinion on 7/17/2007 on a motion for rehearing. See the substituted opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO37863.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | Kathi L. Acy |
DOUGLAS E. LEVANWAY |
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| Appellee: | Mississippi Employment Security Commission | ALBERT B. WHITE |
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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 - Repayment of benefits |
| Summary of the Facts: | Kathi Acy was fired from Wal-Mart for violating Wal-Mart’s policy which prohibits rude or abusive conduct toward customers. After her termination, Acy filed for and was awarded $164 in weekly unemployment benefits by the claims examiner. Wal-Mart appealed. The appeals referee concluded that Acy’s conduct disqualified her from receiving unemployment benefits. Acy appealed to the Board of Review which affirmed. Acy appealed to circuit court which affirmed the Board’s denial of benefits but held that Acy was not obligated to pay restitution to the Department for benefits that she received while ineligible. Acy appeals. |
| Summary of Opinion Analysis: | 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. The conduct may be harmful to the employer’s interests and justify the employee’s discharge; nevertheless, it evokes the disqualification for unemployment insurance benefits only if it is wilful, wanton or equally culpable. Acy argues that one incident of cursing under her breath in the presence of a customer does not rise to the level of disqualifying misconduct and that Wal-Mart failed to prove that she had been informed that she could be terminated for one instance of being rude to a customer or for using profanity. The undisputed testimony establishes that Acy did not direct her comments toward the customer. However, accepting that Acy’s conduct was a violation of Wal-Mart’s policies and procedures, thus justifying her termination, that her actions do not amount to disqualifying misconduct as an isolated incident of misconduct by an employee does not generally disqualify the employee from receiving the benefit of unemployment compensation. With regard to the repayment of benefits Acy received, the Department argues that the notice it sent to Acy constituted a proper method of seeking voluntary repayment. However, the language in the notice does not appear to suggest that repayment was an option which Acy could have declined to exercise without being penalized. The circuit court did not err in finding that Acy was not obligated to pay restitution to the Department for the benefits she received. The Mississippi Department of Employment Security must determine the amount of benefits owed to Acy and reimburse her the amount that she paid pursuant to its notice of overpayment. |
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