Collins v. Miss. Dep't of Employment Security
Docket Number: | 2010-CC-00170-COA Linked Case(s): 2010-CC-00170-COA ; 2010-CT-00170-SCT ; 2010-CT-00170-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 02-08-2011 Opinion Author: Lee, P.J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Unemployment benefits - Due process - Misconduct Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, 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: 01-11-2010 Appealed from: MONROE COUNTY CIRCUIT COURT Judge: JAMES L. ROBERTS Disposition: AFFIRMED THE BOARD OF REVIEW’S DEC ISION THAT COLLINS WAS NOT ELIGIBLE FOR BENEFITS Case Number: CV2009-319-RM |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | Bertha Collins |
ALEXANDER J. SIMPSON III |
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Appellee: | Mississippi Department of Employment Security | ALBERT B. WHITE |
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 - Due process - Misconduct |
Summary of the Facts: | Bertha Collins filed for unemployment benefits with the Mississippi Department of Employment Security after being fired from her employment as a waitress. The claims examiner determined that Collins was disqualified from receiving benefits. Collins appealed and the administrative judge found that Collins’s behavior constituted misconduct. Collins appealed to the Board of Review. The Board adopted the AJ’s findings of fact and affirmed the decision to deny benefits. The circuit court affirmed the decision of the Board. Collins appeals. |
Summary of Opinion Analysis: | Collins argues that her due-process rights were violated because MDES failed to provide her with proper notice of the precise issues to be determined at her hearing before the AJ. In appeals before administrative agencies, minimum due process is required, which consists of notice reasonably calculated, under all the circumstances, to apprise interested parties and afford them an opportunity to present objections. Collins was notified of the hearing and that the issue to be discussed concerned the reason for her discharge. Although the reason for Collins’s discharge on some of the MDES forms and letters was for absenteeism, it is clear from the record that Collins was aware her termination resulted from the altercation with her boss. Collins produced a witness to testify on her behalf at the telephonic hearing and admitted three letters from witnesses to support her version of the altercation. Collins also argues that her behavior did not constitute misconduct. The meaning of the term “misconduct,” as used in the unemployment compensation statute, 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. There was substantial evidence to support the Board’s decision. Collins yelled profanities at her boss and shoved her. This occurred in the restaurant in front of patrons and other employees. The boss stated that she asked Collins to leave the premises, but Collins continued to yell at her. This conduct is a deliberate disregard of standards of behavior that the boss had a right to expect from Collins. |
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