MDOC v. Tuttle
| Docket Number: | 2006-CC-01485-COA Linked Case(s): 2006-CC-01485-SCT ; 2006-CC-01485-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-16-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Employment termination - Entitlement to back pay - Power to order back pay Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Concurs in Result Only: Carlton, J. Procedural History: Jury Trial Nature of the Case: Employment |
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| Trial Court: |
Date of Trial Judgment: 08-09-2006 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: EMPLOYEE APPEALS BOARD’S DECISION REVERSED Case Number: CI2006-0013 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MISSISSIPPI DEPARTMENT OF CORRECTIONS |
OFFICE OF THE ATTORNEY GENERAL
BY: JANE L. MAPP |
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| Appellee: | JAMES R. TUTTLE | JAMES W. BURGOON, JR. |
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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: | Employment termination - Entitlement to back pay - Power to order back pay |
| Summary of the Facts: | James Tuttle was terminated from his position as a correctional vocational education instructor with the Mississippi Department of Corrections. As a consequence, Tuttle also lost his night job teaching diesel mechanics because he was barred from the area where the class was taught. Tuttle appealed his termination from the day job to the Mississippi Employee Appeals Board. Following a hearing, Tuttle was reinstated to his previous position with all back pay and benefits subject to set off of any sums received from other sources. MDOC reinstated Tuttle and paid him back the wages lost from his day job as vocational instructor. MDOC refused, however, to pay his back wages from the night job. Tuttle filed a motion with the Board to enforce the order requiring payment of a portion of back pay plus interest. The Board found that Tuttle was not entitled to back pay for the night job because a third party paid his wages. Tuttle appealed to circuit court which reversed. MDOC appeals. |
| Summary of Opinion Analysis: | MDOC argues that sufficient evidence existed to support the hearing officer’s finding that Tuttle was not entitled to receive back pay for his part-time night job since his night school wages were paid by a third party. Although Tuttle’s check was issued by Mississippi Delta Community College, it is undisputed that MDOC provided the funding for the night job. The College and MDOC had an agreement whereby MDOC would send time sheets for the night school instructors to the College and the College would issue their paychecks. The payroll clerk at the College testified that MDOC reimbursed them for all night school instructors’ salaries, insurance, retirement, unemployment compensation, plus a five percent administrative fee. The clerk also testified that Tuttle was not an employee of the College. Thus, there was no substantial evidence for the Board to find that Tuttle was not subject to reimbursement from MDOC. MDOC argues that awarding Tuttle back pay from the College would amount to damages which the Board has no statutory authority to grant. Since Tuttle was employed by MDOC, the Board did have power to order back pay since the source of funds came from MDOC. Since Tuttle lost his night job as a consequence of losing his day job and MDOC was his employer for both, he was entitled to back pay from the night job as well. |
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