Norman v. Magnolia Regional Health Center
| Docket Number: | 2002-CC-01223-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-17-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Misconduct Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 06-06-2002 Appealed from: Alcorn County Circuit Court Judge: Paul S. Funderburk Disposition: JUDGMENT IN FAVOR OF DEFENDANTS Case Number: CV 01-473 RA |
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| Party Name: | Attorney Name: | |||
| Appellant: | SHIRLEY DARLENE NORMAN |
GERTRUDE A. REID |
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| Appellee: | MAGNOLIA REGIONAL HEALTH CENTER, BY AND THROUGH ITS CHIEF EXECUTIVE OFFICER, DIANE BOATMAN, AND ITS BOARD OF DIRECTORS AND THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION | B. RAY THERRELL, II |
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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: | Shirley Norman, a cook at Magnolia Regional Health Center, was discharged for misconduct in using profane language towards her supervisor. She filed for unemployment benefits, but was disqualified. She appealed, and the appeals referee found she was disqualified for misconduct. Both the board of review and the circuit court affirmed. Norman 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. Norman admits to making the derogatory statements about her supervisor, but only in response to a derogatory racial remark made towards her by her supervisor. However, she did not mention the racial remark in subsequent meetings with her employer and produced no evidence or witnesses to testify to the use of a derogatory racial remark. Because a rebuttable presumption exists in favor of the administrative agency and Norman, as the challenging party, has not met her burden of proving otherwise, the decision is affirmed. |
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