Welch v. Miss. Employment Sec. Comm'n
| Docket Number: | 2003-CC-01305-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Misconduct Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, 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: 05-02-2003 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: DECISION OF THE BOARD OF REVIEW OF THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION AFFIRMED. Case Number: 251-03-221CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Ivory J. Welch |
PRO SE |
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| Appellee: | Mississippi Employment Security Commission 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. |
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| Topic: | Unemployment benefits - Misconduct |
| Summary of the Facts: | Ivory Welch was terminated from his employment with The Merchants Company, because he engaged in a physical altercation with another employee. Welch filed for unemployment benefits, and the claims examiner found that Welch was terminated due disqualifying misconduct. Welch appealed, and the referee found that Welch's conduct rose to the level of misconduct. Welch again appealed, and the Board of Review affirmed as did the circuit court. Welch appeals. |
| Summary of Opinion Analysis: | Welch argues that The Merchants Company did not show by substantial evidence that he was discharged for misconduct. 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. The record shows that Welch was counseled the day before the altercation for disruptive behavior. He was told that such behavior would not be tolerated and was warned that any other problems would result in immediate termination. Despite the warning, Welch admitted that a fight had occurred and that he had thrown the first punch. Additionally, Welch admitted that he had received an employee handbook and knew he could lose his job for fighting. Therefore, the decision of the Board of Review was supported by substantial evidence. |
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