Waldrup v. Miss. Employment Sec. Comm'n
| Docket Number: | 2006-CC-00745-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-13-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Voluntarily leaving employment Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS 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: 03-24-2006 Appealed from: PANOLA COUNTY CIRCUIT COURT Judge: Ann H. Lamar Disposition: CIRCUIT COURT AFFIRMED DECISION OF THE BOARD OF REVIEW OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY. Case Number: CV2005-0242LP2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | PHIL R. WALDRUP |
PHIL R. WALDRUP (PRO SE) |
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| Appellee: | MISSISSIPPI EMPLOYMENT SECURITY COMMISSION | 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 - Voluntarily leaving employment |
| Summary of the Facts: | Phil Waldrup was employed as a parts salesman for Southern Truck & Refurbishing. After his employment ended, he filed for unemployment benefits with the Mississippi Department of Employment Security. The administrative appeals officer found that Waldrup voluntarily quit his job with Southern Truck because he was dissatisfied with his pay and that he failed to show that the job was detrimental to his health, safety, morals, or physical fitness. The administrative appeals officer determined that Waldrup should be disqualified for benefits and the Board affirmed the decision. The circuit court affirmed the decision of the Board, and Waldrup appeals. |
| Summary of Opinion Analysis: | Waldrup argues that the finding that he voluntarily left his employment with Southern Truck is not supported by substantial evidence. The question of whether an employee voluntarily leaves his employment or is terminated is a question of fact to be determined by the MDES. Waldrup admitted that he was never told that he was fired. He also testified that did not go into work one day because he was unhappy that he had not been given a raise or promotion. He also testified that after his request for a week off without pay was not granted, he turned in his keys. This testimony provides substantial evidence to support the Board’s findings of fact. In addition, Waldrup gave no testimony of good cause for voluntarily quitting his job. |
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