Daniels v. Miss. Employment Sec. Comm'n


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Docket Number: 2003-CC-02194-COA

Court of Appeals: Opinion Link
Opinion Date: 11-02-2004
Opinion Author: King, C.J.
Holding: Affirmed

Additional Case Information: Topic: Unemployment benefits - Voluntarily leaving employment
Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court: Date of Trial Judgment: 07-28-2003
Appealed from: WASHINGTON COUNTY CIRCUIT COURT
Judge: Richard Smith
Disposition: UNEMPLOYMENT BENEFITS DENIED
Case Number: Ci-2003-93

  Party Name: Attorney Name:  
Appellant: Vanessa R. Daniels




PRO SE



 

Appellee: Mississippi Employment Security Commission ALBERT B. WHITE  

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Topic: Unemployment benefits - Voluntarily leaving employment

Summary of the Facts: Vanessa Daniels worked as a driver for NTC Transportation, Inc., but left her employment after NTC denied her extra pay for working Thanksgiving Day. Daniels filed a claim for unemployment benefits. The claims examiner found that Daniels voluntarily left her employment and denied her claim. Daniels appealed, and the referee found that Daniels was unemployed by her own choice. The Board of Review and the circuit court affirmed. Daniels appeals.

Summary of Opinion Analysis: Daniels argues that she left employment with NTC due to emotional fatigue after finding out she did not get paid time and one-half for working Thanksgiving Day. An employee is disqualified from receiving unemployment benefits if the person left the job voluntarily without good cause. Daniels testified that NTC’s refusal to pay her time and one-half for having worked on Thanksgiving Day caused her to feel mistreated. However, an isolated incident of feeling mistreated by the employer, without more, is not a justification for voluntarily leaving employment, which would allow the employee to receive unemployment compensation. Therefore, the decision of the Board of Review is supported by substantial evidence.


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