Howell v. Miss. Employment Sec. Comm'n, et al.


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Docket Number: 2003-CC-02151-COA

Court of Appeals: Opinion Link
Opinion Date: 12-14-2004
Opinion Author: Barnes, J.
Holding: Affirmed

Additional Case Information: Topic: Unemployment benefits - Misconduct
Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court: Date of Trial Judgment: 09-09-2003
Appealed from: Forrest County Circuit Court
Judge: Robert Helfrich
Disposition: AFFIRMED BOARD OF REVIEW'S DENIAL OF UNEMPLOYMENT BENEFITS
Case Number: CI03-0088

  Party Name: Attorney Name:  
Appellant: Kevin Howell




PRO SE



 

Appellee: Mississippi Employment Security Commission and Blendco, Inc. B. RAY THERRELL, II  

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Topic: Unemployment benefits - Misconduct

Summary of the Facts: Kevin Howell was discharged from Blendco, Inc. and denied unemployment benefits. Howell appealed and was granted a hearing before a Mississippi Employment Security Commission appeals referee who determined that the benefits had been properly denied. Howell appealed to the MESC Board of Review, which adopted the findings of fact and opinion of the referee and affirmed. The circuit court upheld the Board's denial of benefits. Howell appeals.

Summary of Opinion Analysis: A terminated employee may be disqualified from receiving unemployment benefits if the employee's termination was based on the employee's misconduct. 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. Under Blendco's Computer Systems Accessibility Use Policy, "Zip Drives, or other devices capable of storing digital information are prohibited." Blendco put on substantial evidence that Howell brought a Zip drive to work, against company policy. Howell even admitted to bringing a Zip drive to his place of employment and connecting it to the company computer system. Therefore, Howell violated one of Blendco's company policies, constituting misconduct sufficient for disqualification of unemployment benefits. Further, substantial evidence was presented that Howell had knowledge that such action constituted a violation of company policy.


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