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


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Docket Number: 2002-CC-00757-COA

Court of Appeals: Opinion Link
Opinion Date: 11-04-2003
Opinion Author: Griffis, J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Unemployment benefits - Misconduct
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 04-02-2002
Appealed from: WASHINGTON COUNTY CIRCUIT COURT
Judge: Betty W. Sanders
Disposition: CIRCUIT COURT AFFIRMED THE DECISION IN FAVOR OF THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION AND DELTA
Case Number: CI2001-201

  Party Name: Attorney Name:  
Appellant: Doris J. Davis




ROBERT E. BUCK



 

Appellee: Mississippi Employment Security Commission and Delta Regional Medical Center ALBERT B. WHITE JOHN WESLEY GARRETT  

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Topic: Unemployment benefits - Misconduct

Summary of the Facts: Doris Davis was terminated from her job as patient service representative at Delta Regional Medical Center. She filed a claim for unemployment benefits which was denied. Davis appealed, and the appeals referee, the board of review, and the circuit court affirmed the denial of benefits. Davis appeals.

Summary of Opinion Analysis: Davis argues that there is no evidence to support the Commission's findings that she engaged in misconduct and that she only made simple errors or mistakes while entering data into the computer files. Misconduct as used in the unemployment compensation statute 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. Mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity and ordinary negligence in isolated incidents, and good faith errors in judgment or discretion are not misconduct. Here, Davis's actions may not be classified as misconduct under the statute. At worst, her acts were mistakes or isolated instances of ordinary negligence. The hospital had implemented a new computer system, and Davis did not understand how she was making errors until it was explained to her after her second warning. After she was warned that she would be terminated if she committed any more errors, she made no more mistakes. Therefore, Davis is eligible to receive unemployment benefits.


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