Cannon v. Miss. Dep't of Employment Sec.
| Docket Number: | 2011-CC-00816-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-15-2012 Opinion Author: Fair, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Misconduct - Section 71-5-513 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. 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: 05-12-2011 Appealed from: Lincoln County Circuit Court Judge: David H. Strong Disposition: UNEMPLOYMENT BENEFITS DENIED Case Number: 2010-534-LS |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Sonja K. Cannon a/k/a Sonja Cannon a/k/a Sonja V. Cannon |
PRO SE |
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| Appellee: | Mississippi Department of Employment Security | ALBERT B. WHITE LEANNE FRANKLIN 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 - Misconduct - Section 71-5-513 |
| Summary of the Facts: | Sonja Cannon was employed by Sanderson Farms as a line worker from August 2007 until her discharge in March 2010 for harassment of a co-worker. Cannon was disqualified from receiving unemployment benefits. The administrative law judge affirmed the denial of benefits, as did the MDES Board of Review and the circuit court. Cannon appeals. |
| Summary of Opinion Analysis: | Section 71-5-513 provides that an individual shall be disqualified for unemployment benefits when he was discharged for misconduct connected with his work. Misconduct is defined as conduct evidencing 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. The Board found that there was sufficient evidence that Cannon was guilty of willful misconduct connected with her work. The record contains substantial support for that finding. Cannon was advised of the policy against harassment during her orientation and during annual training. She was given a copy of the policy in her employee handbook, and the policy was also posted in the hallway at the Sanderson Farms facility. Cannon received two warnings that her behavior was unacceptable and that it could lead to her discharge. Cannon also admitted telling her co-employee she loved him in December and admitted grabbing his arm and saying that she hated him in March. Cannon’s continued course of conduct involving the co-employee evidenced a willful and wanton disregard of the employer’s interest. |
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