Greenwood Public Sch. District v. Miss. Employment Sec. Comm'n


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Docket Number: 2006-CC-00212-COA
Linked Case(s): 2006-CC-00212-COA ; 2006-CT-00212-SCT

Court of Appeals: Opinion Link
Opinion Date: 02-27-2007
Opinion Author: MYERS, P.J.
Holding: Affirmed

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

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



 

Appellee: MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY ALBERT BOZEMAN WHITE  

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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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