Goodwin v. Miss. Dep't of Employment Sec.
| Docket Number: | 2011-CC-00020-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-03-2012 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Good cause - Suitable work - Section 71-5-513(A)(3) - M.R.A.P. 28(a)(6) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, 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: 11-30-2010 Appealed from: Lincoln County Circuit Court Judge: David H. Strong Disposition: AFFIRMED THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY’S DEC ISION TO DENY BENEFITS Case Number: 2010-422-LS |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Bruce D. Goodwin |
PRO SE |
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| Appellee: | Mississippi Department of Employment Security | LEANNE F. BRADY | ||
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 - Suitable work - Section 71-5-513(A)(3) - M.R.A.P. 28(a)(6) |
| Summary of the Facts: | Bruce Goodwin had been employed with Holmes Oil & Gas Field Services, Inc. as a laborer on a part-time, as-needed basis until March 18, 2010, when he was discharged. Goodwin had refused work due to a family responsibility on February 23 through 26, 2010, and had also refused work on January 6, 2010. On March 11, 2010, Goodwin filed for unemployment benefits with the Mississippi Department of Employment Security. An MDES claims examiner investigated the facts surrounding the claim and found Goodwin eligible for benefits because he was “not subject to disqualification based on his refusal to work.” Holmes appealed, and an MDES administrative law judge reversed the claims examiner’s decision, finding that Goodwin had refused work without showing good cause to do so. Goodwin appealed to the Board, which affirmed the ALJ’s decision. Goodwin appealed to circuit court which affirmed. Goodwin appeals. |
| Summary of Opinion Analysis: | Goodwin argues that he was terminated from Holmes because he filed for unemployment. He claims Mike Zieglar told him that if he ever filed for unemployment, he would be fired. Section 71-5-513(A)(3) provides that an individual shall be disqualified from unemployment benefits if MDES finds that the claimant “has failed, without good cause . . . to accept suitable work when offered him . . . .” In determining what constitutes suitable work, “the department shall consider among other factors the degree of risk involved to his health, safety and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence . . . .” The ALJ found that Goodwin did not have good cause to refuse the work offered by Holmes. Holmes hired Goodwin on an “as needed” basis. Holmes called Goodwin to come to work on four days – February 23 through 26, 2010. Goodwin did not report to work due to family responsibilities. Although Goodwin contends in his brief that he was not called to work on these days, he admitted at the hearing before the ALJ that he told Kelly in a phone conversation that his grandchild was hospitalized, and he could not work on these days. Also, Goodwin fails to cite any legal authority for his argument as required under M.R.A.P. 28(a)(6). Failure to comply with Rule 28(a)(6) renders an argument procedurally barred. In addition, Goodwin’s domestic circumstance would not be deemed good cause in refusing a suitable offer of work. Thus, the Board properly denied Goodwin unemployment benefits. |
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