Acy v. Miss. Emp. Sec. Comm'n.
| Docket Number: | 2005-CC-02019-COA Linked Case(s): 2005-CC-02019-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-17-2007 Opinion Author: IRVING, J. Holding: REVERSED AND REMANDED: 02/06/2007; MOTION FOR REHEARING FILED: 02/20/2007 - DENIED - REVERSED AND REMANDED - 07/17/2007 |
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| Additional Case Information: |
Topic: Unemployment benefits - Misconduct Judge(s) Concurring: LEE, P.J., CHANDLER AND ISHEE, JJ. Non Participating Judge(s): KING, C.J., BARNES AND CARLTON, JJ. Dissenting Author : GRIFFIS, J. Dissent Joined By : MYERS, P.J., AND ROBERTS, J. Procedural History: Admin or Agency Judgment; Motion for Rehearing Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES; Motion for Rehearing |
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| Trial Court: |
Date of Trial Judgment: 09-16-2005 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: DECISION OF THE BOARD OF REVIEW OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY, FINDING THAT APPELLANT WAS DISQUALIFIED FROM RECEIVING UNEMPLOYMENT BENEFITS, WAS AFFIRMED Case Number: 2005-125-C |
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| Consolidated: Consolidated with 2005-CC-02378-COA Mississippi Department of Employment Security v. Kathi L. Acy; Rankin Circuit Court; LC Case #: 2005-0173-C; Ruling Date: 11/01/2005; Ruling Judge: William Chapman, III | ||
| Note: | This is a modified opinion on a motion for rehearing. | |
| Party Name: | Attorney Name: | |||
| Appellant: | KATHI L. ACY |
DOUGLAS E. LEVANWAY |
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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 - Misconduct |
| Summary of the Facts: | The opinion for rehearing is denied, and this opinion is substituted for the original opinion. The Board of Review of the Mississippi Department of Employment Security held that Kathi Acy, a former Wal-Mart employee, committed disqualifying misconduct and is therefore not entitled to unemployment compensation benefits. Acy appeals. The Mississippi Department of Employment Security also appeals. |
| Summary of Opinion Analysis: | Misconduct 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. Acy argues that one incident of cursing under her breath in the presence of a customer does not rise to the level of disqualifying misconduct. Acy also argues that Wal-Mart failed to prove that she had been informed that she could be terminated for one instance of being rude to a customer or for using profanity. Accepting that Acy’s conduct was a violation of Wal-Mart’s policies and procedures, thus justifying her termination, her actions do not amount to disqualifying misconduct, as an isolated incident of misconduct by an employee does not generally disqualify the employee from receiving the benefit of unemployment compensation. |
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