Quinn v. Miss. Dep't of Employment Sec.
| Docket Number: | 2010-CC-00292-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-15-2011 Opinion Author: Myers, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Unemployment benefits - Good cause - Section 71-5-513(A)(1)(a) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., 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: 01-06-2010 Appealed from: Leflore County Circuit Court Judge: Richard A. Smith Disposition: Affirmed Denial of Unemployment Benefits Case Number: 2009-0111-CICI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rose Quinn |
PRO SE |
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| Appellee: | Mississippi Department of Employment Security and Mims Convenience Stores Inc. | ALBERT B. WHITE, 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 - Good cause - Section 71-5-513(A)(1)(a) |
| Summary of the Facts: | The Mississippi Department of Employment Security denied Rose Quinn unemployment benefits, finding that she had voluntarily left her employment with Mims Convenience Stores, Inc. Quinn appealed to circuit court which affirmed the denial. Quinn appeals. |
| Summary of Opinion Analysis: | Pursuant to section 71-5-513(A)(1)(a), a worker is disqualified from receiving benefits if she left work voluntarily without good cause. Quinn takes issue with the Board’s finding that she left work voluntarily. A representative for Mims testified that after Quinn was cleared to return from her maternity leave, work had been available. Quinn had been repeatedly offered an opportunity to return after being cleared to do so. However, Quinn had given various excuses: first, she stated that she had no transportation, then she claimed that she could not find a babysitter. Quinn said she would come in to work on April 15, 2009, but did not and did not call in. That was the last Mims had heard from Quinn before she filed for unemployment benefits. From the record, it is clear that Board favored this testimony over Quinn’s. Conflicting testimony presents a fact question for the Board. An inability to secure transportation to and from work does not constitute good cause for quitting. |
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