Scott v. Miss. Employment Sec. Comm'n
| Docket Number: | 2003-CC-02478-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-09-2004 Opinion Author: Griffis, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Unemployment benefits - Misconduct - Insubordination Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
|
| Trial Court: |
Date of Trial Judgment: 10-16-2003 Appealed from: Jefferson County Circuit Court Judge: Lamar Pickard Disposition: BOARD OF REVIEW'S DECISION DENYING UNEMPLOYMENT BENEFITS IS AFFIRMED Case Number: 2002-51 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Jerry Scott |
DEBORAH MCDONALD |
||
| Appellee: | Mississippi Employment Security Commission | 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 - Misconduct - Insubordination |
| Summary of the Facts: | While employed with Wackenhut as a security guard, Jerry Scott was terminated for repeatedly refusing to follow Wackenhut's instructions to attend fire watch training. Scott filed for unemployment benefits. The claims examiner found that Scott had been fired for misconduct. Scott appealed, and the referee concluded that Scott's refusal to participate in a specific assignment rose to the level of misconduct. Both the Board of Review and the circuit court affirmed. Scott appeals. |
| Summary of Opinion Analysis: | Scott argues that Wackenhut did not show by substantial evidence that he was discharged for misconduct. Scott admitted that he refused to participate in the training on two occasions. He stated that the first refusal was in his capacity as a union representative and the second was due to medical problems. Misconduct 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. Insubordination is within the scope of disqualifying misconduct. It is defined as a constant or continuing intentional refusal to obey a direct or implied order, reasonable in nature, and given by and with proper authority. The evidence shows that Scott's continued refusal to participate in the required training program constitutes insubordination amounting to disqualifying misconduct. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
