City of Vicksburg v. Miss. Dep't of Employment Sec.
| Docket Number: | 2010-CC-02024-COA Linked Case(s): 2010-CC-02024-COA ; 2010-CT-02024-SCT ; 2010-CT-02024-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-07-2012 Opinion Author: Carlton, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Unemployment benefits - Misconduct - Section 71-5-513(A)(1)(b) Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee and Russell, JJ. Non Participating Judge(s): Fair, J. Dissenting Author : Griffis, P.J. Dissent Joined By : Roberts and Maxwell, JJ. Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 11-10-2010 Appealed from: Warren County Circuit Court Judge: Isadore Patrick Disposition: CIRCUIT COURT AFFIRMED THE MDES’S AWARD OF UNEMPLOYMENT BENEFITS Case Number: 10,0206-CI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | City of Vicksburg, Mississippi |
WALTERINE LANGFORD
LEE DAVIS THAMES JR. |
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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. |
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| Topic: | Unemployment benefits - Misconduct - Section 71-5-513(A)(1)(b) |
| Summary of the Facts: | The Vicksburg Police Department terminated Deneka Tinner. Tinner subsequently filed a claim for unemployment benefits. After the claims examiner determined that Tinner was eligible to receive benefits, the Department appealed the decision. On appeal, the Mississippi Department of Employment Security’s administrative law judge affirmed the claims examiner’s decision, determining that since the Department had terminated Tinner based on her lack of law-enforcement certification and not for misconduct, Tinner was entitled to unemployment benefits. The Board of Review of the Mississippi Employment Security Commission and later the circuit court, also affirmed this decision. The Department appeals. |
| Summary of Opinion Analysis: | Section 71-5-513(A)(1)(b) provides that an individual may be disqualified for unemployment benefits if he was discharged for misconduct connected with his work. In misconduct cases, the employer bears the burden of showing by substantial, clear, and convincing evidence that the former employee's conduct warrants disqualification from eligibility for benefits. Misconduct imports conduct that reasonable and fair-minded external observers would consider a wanton disregard of the employer's legitimate interests. Something more than mere negligence must be shown, although repeated neglect of an employer's interests may rise to the dignity of misconduct. The City argues that Tinner’s failure to pass the Academy constituted misconduct within the meaning of the law. The record shows that the claims examiner generated a written statement expressing that Tinner maintained she had performed to her best ability in attempting to complete the required course. The ALJ’s findings of fact also reflect that Tinner believed she had passed the defensive-tactics course since she had given her best effort. The record supports the Board of Review and circuit court’s findings that Tinner’s failure to pass the required course resulted from her inability, not willful and wanton disregard. |
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