Greenwood Public Sch. District v. Miss. Employment Sec. Comm'n
Docket Number: | 2006-CC-00212-COA Linked Case(s): 2006-CC-00212-COA ; 2006-CT-00212-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 02-27-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Unemployment benefits - Voluntary termination of employment - Section 71-5-513(A)(1)(a) - Misconduct Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER AND ISHEE, JJ. Dissenting Author : ROBERTS, J., dissents with separate written opinion Dissent Joined By : GRIFFIS, BARNES AND CARLTON, 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: 11-02-2005 Appealed from: LEFLORE COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: DECISION OF BOARD OF REVIEW AFFIRMED. Case Number: 2005-0109-CICI |
Party Name: | Attorney Name: | |||
Appellant: | GREENWOOD PUBLIC SCHOOL DISTRICT |
RICHARD A. OAKES |
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Appellee: | MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY | ALBERT BOZEMAN 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. |
Topic: | Unemployment benefits - Voluntary termination of employment - Section 71-5-513(A)(1)(a) - Misconduct |
Summary of the Facts: | Rodney Major was employed as a physical education teacher and head basketball coach by the Greenwood Public School District. The District decided not to renew Major’s contract because it was unsatisfied with the direction of the basketball program and the lack of student participation in the physical education program. Instead of being terminated, Major chose to resign. He filed for and was awarded unemployment benefits. The District appealed, and the administrative appeals officer and the Board of Review affirmed the decision to award unemployment benefits. The decision was also affirmed by the circuit court. The District appeals. |
Summary of Opinion Analysis: | Pursuant to section 71-5-513(A)(1)(a), one who voluntarily resigns without good cause from employment forgoes his or her eligibility to receive unemployment compensation. However, if a situation arises where the former employee can establish that he or she left the employment based upon good cause, under a reasonable belief that he or she has been fired, this is not classified as voluntary termination of employment within the meaning of the statute. Major was discharged within the meaning of the statute. The District viewed Major’s job performance unsatisfactory so as to justify their non-renewal. An employer’s dissatisfaction with an employee’s job performance does not amount to a showing of misconduct so as to disqualify the employee from receiving unemployment benefits. Therefore, the circuit court did not err in its ruling. |
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