Collins v. Miss. Dep't of Employment Security


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Docket Number: 2010-CC-00170-COA
Linked Case(s): 2010-CC-00170-COA ; 2010-CT-00170-SCT ; 2010-CT-00170-SCT

Court of Appeals: Opinion Link
Opinion Date: 02-08-2011
Opinion Author: Lee, P.J.
Holding: Affirmed.

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

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



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Mississippi Department of Employment Security ALBERT B. WHITE  

    Synopsis provided by:

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    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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