Daniels v. Miss. Employment Sec. Comm'n
Docket Number: | 2003-CC-02194-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 11-02-2004 Opinion Author: King, C.J. Holding: Affirmed |
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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 |
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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 |
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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. |
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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