Armstrong v. Mississippi Employment Security Commission

874 So. 2d 989, 2004 Miss. App. LEXIS 159, 2004 WL 377013
CourtCourt of Appeals of Mississippi
DecidedMarch 2, 2004
DocketNo. 2002-CC-01863-COA
StatusPublished

This text of 874 So. 2d 989 (Armstrong v. Mississippi Employment Security Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armstrong v. Mississippi Employment Security Commission, 874 So. 2d 989, 2004 Miss. App. LEXIS 159, 2004 WL 377013 (Mich. Ct. App. 2004).

Opinions

GRIFFIS, J., for the Court.

¶ 1. Calvin E. Armstrong was disqualified from receiving unemployment benefits by the Mississippi Employment Security Commission on the ground that he was terminated from his employment for misconduct. The circuit court affirmed the denial of benefits. We find that the circuit court erred. We reverse and render on the denial of benefits. We remand this case to the Mississippi Employment Security Commission solely for the purpose of determining the amount of unemployment benefits to be paid Armstrong.

FACTS

¶2. Armstrong was employed with the City of Greenville as a recreation supervisor. The City claimed that he was discharged for dereliction of work duties. As part of his responsibilities, Armstrong was to maintain and keep clean a recreational softball park facility.

¶ 3. The City received complaints from citizens that the softball fields and restrooms were not clean. The park director investigated the complaints and confirmed that the park facilities were not clean. On May 9, 2001, the park director gave Armstrong instructions that he needed to clean the recreational park facility immediately.

¶ 4. On May 14, 2001, the Greenville Park’s Commission Board met to discuss Armstrong’s work performance. The board placed Armstrong on a six-month probation. At the end of the six months the board would evaluate his performance and decide if he should be terminated. Two days later, the park director observed that the conditions of the recreational park facility still had not improved.

¶ 5. As a result, the park director recommended Armstrong be pre-terminated immediately, instead of waiting the six months. This meant that Armstrong was [991]*991given forty-eight hours to refute any and all charges brought against him prior to actual termination. Armstrong provided the City a notice stating he planned to refute the claims brought against him. However, he was unable to attend the scheduled meeting because his son was ill. Armstrong was terminated on May 21.

¶ 6. Thereafter, Armstrong filed a claim for benefits with the Mississippi Employment Security Commission in June. The claims examiner disqualified Armstrong for benefits on the ground that he was discharged for misconduct connected with his work. Armstrong appealed, and a hearing was held with the appeals referee. At the hearing, Armstrong denied the allegations and claimed he started cleaning the recreational park facility as instructed. The City’s park director, Sandra Yeager, testified that Armstrong was given many opportunities to correct the situation. Yet, Yeager claimed that Armstrong still failed to properly clean the park. Yeager considered Armstrong’s failure to follow directives given by his supervisor as insubordination, which was ground for termination. The appeals referee, the board of review, and the circuit court agreed that Armstrong’s actions constituted misconduct and denied benefits. Armstrong has perfected his appeal.

STANDARD OF REVIEW

¶ 7. “In any judicial proceedings under this section, the findings of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law.” Miss.Code Ann. § 71-5-531 (Rev. 2002). In Allen v. Mississippi Employment Security Commission, 639 So.2d 904, 906 (Miss.1994), the Mississippi Supreme Court held that:

This Court’s standard of review of an administrative agency’s findings and decisions is well established. An agency’s conclusions must remain undisturbed unless the agency’s order 1) is not supported by substantial evidence, 2) is arbitrary or capricious, 3) is beyond the scope or power granted to the agency, or 4) violates one’s constitutional rights. A rebuttable presumption exists in favor of the administrative agency, and the challenging party has the burden of proving otherwise. Lastly, this Court must not reweigh the facts of the case or insert its judgment for that of the agency.

¶ 8. Under this standard of review, we give substantial deference to an administrative agency’s decision. Our search in a typical employment security commission case is whether the agency’s decision was supported by substantial evidence or was arbitrary or capricious. Here, unfortunately, the agency appellee failed to provide this Court with a brief setting forth its argument and authorities.

¶ 9. In W.T. Raleigh Co. v. Armstrong, 165 Miss. 380, 380, 140 So. 527, 527-28 (1932), the Mississippi Supreme Court recognized that there is no uniform rule of procedure to guide the reviewing court when an appellee fails to file a brief. The court discussed the two schools of thought on the appropriate procedure. First, the appellee’s failure could be considered a default and as a confession of the errors assigned by the appellant, requiring automatic reversal. Id. Second, the reviewing court could disregard the appellee’s failure to file a brief, but would not be obligated to undertake an exhaustive search to substantiate the appellee’s positions. Id. The court concluded that “taking into view the argument presented by appellant, the basis or grounds of the judgment, and the facts in support of it are not apparent, or [992]*992are not such that the court could with entire confidence and safety proceed to affirmance, the judgment will be reversed without prejudice.” Id. at 527-28.

¶ 10. It this appeal, we are not in a position to proceed with entire confidence to affirm this case. We are convinced that Armstrong’s argument is adequately supported by the record. Accordingly, the appellee’s negligence in its failure to present this Court with a brief outlining its position warrants a more deferential emphasis on Armstrong’s argument. Selman v. Selman, 722 So.2d 547, 551 (Miss.1998); Dethlefs v. Beau Maison Dev. Corp., 458 So.2d 714, 717 (Miss.1984); N.E. and R.H. v. L.H., Jr., L. H. and L.T., 761 So.2d 956, 962 (¶ 14) (Miss.Ct.App.2000). As such, we proceed with a discussion of the merits of this case and examine this appeal according to this standard of review.

ANALYSIS

I. Whethér the circuit court erred in not reversing the board of review because its decision was unsupported by substantial evidence.

¶ 11. Armstrong argues that the Commission’s findings were not based on substantial evidence that he engaged in misconduct and was disqualified for benefits under Mississippi Code Annotated Section 71-5-513A (l)(b).

“Misconduct” has been defined as:

The term “misconduct,” as used in the unemployment compensation statute, was 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. Also, carelessness and negligence of such degree, or recurrence thereof, as to manifest culpability, wrongful intent or evil design, and showing an intentional or substantial disregard of the employer’s interest or of the employee’s duties and obligations to his employer, came within the term.

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Related

May v. May
297 So. 2d 912 (Mississippi Supreme Court, 1974)
Selman v. Selman
722 So. 2d 547 (Mississippi Supreme Court, 1998)
MISSISSIPPI EMPLOYMENT SEC. COM'N v. Jones
755 So. 2d 1259 (Court of Appeals of Mississippi, 2000)
Wheeler v. Arriola
408 So. 2d 1381 (Mississippi Supreme Court, 1982)
Dethlefs v. Beau Maison Development Corp.
458 So. 2d 714 (Mississippi Supreme Court, 1984)
W. T. Raleigh Co. v. Armstrong
140 So. 527 (Mississippi Supreme Court, 1932)
Allen v. Mississippi Employment Security Commission
639 So. 2d 904 (Mississippi Supreme Court, 1994)
N.E. v. L. H.
761 So. 2d 956 (Court of Appeals of Mississippi, 2000)

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Bluebook (online)
874 So. 2d 989, 2004 Miss. App. LEXIS 159, 2004 WL 377013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-v-mississippi-employment-security-commission-missctapp-2004.