Nevels v. Miss. Dep't of Employment Sec.
| Docket Number: | 2009-CC-00276-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Unemployment benefits - Failure to cite authority - M.R.A.P. 28(a)(6) - Misconduct Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 02-05-2009 Appealed from: LEFLORE COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: AFFIRMED DENIAL OF UNEMPLOYMENT COMPENSATION BENEFITS FOR MISCONDUCT Case Number: 2008-0138-CICI |
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| Party Name: | Attorney Name: | |||
| Appellant: | George Nevels |
PRO SE |
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| Appellee: | Mississippi Department of Employment Security | LEANNE FRANKLIN BRADY |
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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 - Failure to cite authority - M.R.A.P. 28(a)(6) - Misconduct |
| Summary of the Facts: | George Nevels was discharged from his job as a maintenance worker for the Greenwood Municipal Separate School District for failing to follow the call-in procedures and for providing false reasons for absences. Nevels filed for unemployment benefits. The claims examiner determined that Nevels was disqualified from receiving any unemployment benefits because he had violated Greenwood’s call-in policy regarding absenteeism and, thus, committed misconduct. Nevels appealed, and the administrative law judge held that Nevels had committed disqualifying misconduct by willfully and wantonly failing to abide by known policy and by providing false reasons for his absence. Nevels appealed, and the Mississippi Department of Employment Security Board of Review adopted the ALJ’s fact finding and conclusion and affirmed the ALJ’s decision. The circuit court affirmed on appeal. Nevels appeals. |
| Summary of Opinion Analysis: | Nevels has failed to cite to any sort of legal authority. Failure to comply with M.R.A.P. 28(a)(6) renders an argument procedurally barred. In addition, the issue is without merit. Behavior that is careless and negligent to such degree, or recurrence thereof, as to manifest culpability, wrongful intent, or evil design, can be classified as misconduct. Nevels’s behavior, although not extreme, can be classified as misconduct. It is undeniable that, once Nevels instructed his brother to lie about his request to be absent from work, Nevels was engaging in conduct that deliberately violated Greenwood’s absenteeism policy. By lying to his supervisor, Nevels was terminated as an employee due to his misconduct. |
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