Time Warner Cable, Inc. v. Miss. Emp. Sec. Comm'n, et al.
| Docket Number: | 2004-CC-01925-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2006 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Misconduct Judge(s) Concurring: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, 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: 08-31-2004 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: AFFIRMED DECISION OF BOARD OF REVIEW Case Number: 251-02-219CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Time Warner Cable, Inc. |
E. CHARLENE STIMLEY PRIESTER,
MELVIN V. PRIESTER |
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| Appellee: | Mississippi Employment Security Commission Board of Review and Roy Hubbert | 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 |
| Summary of the Facts: | Roy Hubbert was terminated from his employment with Time Warner as vice-president of finance. Hubbert applied for unemployment benefits. The claims examiner found that Hubbert was eligible for unemployment benefits due to Time Warner’s failure to prove that Hubbert was discharged for misconduct. Time Warner appealed, and the referee found that Hubbert was not terminated for misconduct. Time Warner then appealed to the Board of Review which affirmed the findings of the referee’s fact finding and opinion. Time Warner appealed to circuit court which affirmed the Board of Review’s decision. Time Warner appeals. |
| Summary of Opinion Analysis: | Time Warner argues that the actions of Hubbert rise to the level of misconduct and he should be denied unemployment benefits. As Time Warner’s basis for misconduct by Hubbert, it points to his failure to reconcile certain accounts at the conclusion of each month and his statements to the contrary. 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 referee found that Hubbert had been discharged for errors in work performance and failure to follow the directives of the employer. Hubbert had informed Time Warner that accounts were being reconciled on a monthly basis. An audit of the accounts, following Hubbert’s dismissal, revealed the reconciliation was not being done as routinely as Hubbert had indicated. Reports submitted to Time Warner by Hubbert were found to contain errors. Hubbert was terminated by letter stating that he lacked the depth of knowledge and capable judgement to perform duties required for his position within the company. Inability or incapacity resulting in failure of good performance is not misconduct Time Warner has not presented substantial evidence to indicate misconduct on the part of Hubbert. |
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