Moeller v. Miss. Dep't of Human Services
Docket Number: | 2006-CC-00073-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 05-01-2007 Opinion Author: IRVING, J. Holding: Reversed and Remanded |
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Additional Case Information: |
Topic: Employee termination - Group III offense - State Employee Handbook Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, 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: 12-13-2005 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: AFFIRMED DECISION OF THE MISSISSIPPI EMPLOYEE APPEALS BOARD. Case Number: 251-03-1221 |
Party Name: | Attorney Name: | |||
Appellant: | MARGARET MOELLER |
JONATHAN B. FAIRBANK |
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Appellee: | MISSISSIPPI DEPARTMENT OF HUMAN SERVICES | KATHERINE JANE CALDWELL |
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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. |
Topic: | Employee termination - Group III offense - State Employee Handbook |
Summary of the Facts: | Margaret Moeller was terminated from her employment with the Mississippi Department of Human Services. An administrative law judge upheld Moeller’s termination. Moeller appealed to the Mississippi Employee Appeals Board which affirmed. Moeller appealed that decision to the circuit court which affirmed the decision of the board. Moeller appeals. |
Summary of Opinion Analysis: | Moeller was terminated for a Group III, Number 11 offense which consists of “an act or acts of conduct occurring on or off the job which are plainly related to job performance and are of such nature that to continue the employee in the assigned position could constitute negligence in regard to the agency’s duties to the public or to other state employees.” MDHS argues that termination under this section was appropriate because it could not replace Moeller, and her work therefore was not being done during the years that she was gone. Moeller should not have been terminated for a Group III offense. In fact, there is nothing about Moeller’s conduct that would make it an “offense.” By way of example, some of the offenses prohibited by Group III are: going to work intoxicated, breaching agency security, violating established safety rules “where there exists a threat to life or human safety,” unauthorized possession of “dangerous weapons,” falsification of records, and “acts of physical violence.” Moeller suffered serious injuries while working that left her totally temporarily disabled, as shown by the full payments she received from worker’s compensation during the entire time of her absence from MDHS. This circumstance is clearly not the sort of “offense” that is contemplated by Group III of the State Employee Handbook. |
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