Miss. Dep't. of Employment Sec. v. Product Connections, LLC
| Docket Number: | 2006-CC-00078-COA Linked Case(s): 2006-CC-00078-COA |
|
| Oral Argument: | 01-23-2007 | |
* This video is best viewed in the most current version of Google Chrome, Internet Explorer with Windows Media Player plug-in, or Safari (Mac Users). |
||
| Court of Appeals: |
Opinion Link Opinion Date: 04-24-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Unemployment benefits - Employment relationship Judge(s) Concurring: MYERS, P.J., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): KING, C.J. AND CHANDLER, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
|
| Trial Court: |
Date of Trial Judgment: 12-13-2005 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: DEPT. OF EMPLOYMENT SECURITY FOUND AN EMPLOYER/EMPLOYEE RELATIONSHIP BETWEEN PRODUCT CONNECTIONS AND WORKER AND WORKER WAS ENTITLED TO UNEMPLOYMENT BENEFITS. CIRCUIT COURT REVERSED THE DECISION OF THE DEPARTMENT. Case Number: 251-05-763 CIV |
|
| Party Name: | Attorney Name: | |||
| Appellant: | MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY |
ALBERT B. WHITE |
||
| Appellee: | PRODUCT CONNECTIONS, LLC | GWENDOLYN BAPTIST HEWLETT |
|
|
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. |
|
| Topic: | Unemployment benefits - Employment relationship |
| Summary of the Facts: | Donis Chatham worked for Product Connections as a product demonstrator. Shortly after ceasing her work with the company, Chatham filed a claim for unemployment benefits with the Mississippi Department of Employment Security. MDES ruled that an employer/employee relationship existed between Chatham and PC, thus the amount paid to Chatham and all other workers in that class should be reported as employee wages and unemployment taxes paid. PC appealed, and the hearing officer affirmed the decision of MDES. PC appealed to the Board of Review which affirmed. PC then appealed to circuit court which reversed the decision of the Board, finding that Chatham and other similarly situated product demonstrators were independent contractors and not employees of PC. MDES appeals. |
| Summary of Opinion Analysis: | Factors to be considered when determining the type of employment relationship, whether employee/employer or independent contractor, include the extent of control exercised over the details of the work; whether the one employed is engaged in a distinct occupation or business; the skill required in the particular occupation; whether the employer supplies the tools and place of work for the person doing the work; the length of time for which the person is employed; the method of payment, whether by the time or by the job; and whether the work is a part of the regular business of the employer. The record is clear that PC did not provide materials or instruction, other than the place and date of the demonstration, to Chatham. PC did not instruct Chatham as to when to take lunch breaks. Chatham was paid by the job and performed services for the manufacturer/retailer. The name tag included in the demo kit had the manufacturer’s logo on it. The demonstrator was required to work the hours assigned, but these hours were set by the manufacturer. The demonstrator was instructed by the manufacturer to contact the retailer prior to the demonstration in order to verify the date and time of the event. The testimony is clear that demonstrators were only contacted after the manufacturer contacted PC and informed PC of an available job. Chatham was only contacted when the manufacturer needed a demonstrator. If Chatham declined the job, which she was free to do, then another demonstrator was contacted. Thus, the record fails to support the Board’s conclusion that Chatham was an employee of PC. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
