Mississippi Department of Employment Security v. Trent L. Howell, PLLC

46 So. 3d 827, 2010 Miss. App. LEXIS 567, 110 Fair Empl. Prac. Cas. (BNA) 1166, 2010 WL 4069496
CourtCourt of Appeals of Mississippi
DecidedOctober 19, 2010
DocketNo. 2009-CC-01203-COA
StatusPublished
Cited by2 cases

This text of 46 So. 3d 827 (Mississippi Department of Employment Security v. Trent L. Howell, PLLC) 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
Mississippi Department of Employment Security v. Trent L. Howell, PLLC, 46 So. 3d 827, 2010 Miss. App. LEXIS 567, 110 Fair Empl. Prac. Cas. (BNA) 1166, 2010 WL 4069496 (Mich. Ct. App. 2010).

Opinions

GRIFFIS, J.,

for the Court:

¶ 1. Mississippi Department of Employment Security (MDES) and Tina L. Darby appeal the order of the Circuit Court of Yalobusha County, which reversed a decision of the MDES Board of Review. The Board of Review ruled that Darby had voluntarily quit her job for good cause and was, therefore, entitled to unemployment benefits. On appeal, the circuit court reversed the decision of the Board of Review holding that the Board of Review failed to consider all of the evidence and that its decision was not based on substantial evidence.

FACTS

¶ 2. Trent L. Howell, PLLC (the firm) is a law office located in Water Valley, Mississippi. Trent Howell (Trent) and his wife, Shelley, work at the firm. The only other employee during the time giving rise to this appeal was Darby. Darby first began working as a legal assistant for the firm when she was eighteen years old, and she stayed with the firm until she was twenty-nine years old. Over time, an “office flirtation” developed between Trent and Darby. In fact, Trent wrote Darby a letter expressing his feelings toward her. [829]*829Offended by Trent’s letter, Darby was ready and willing to quit her job, but after meeting with Trent and his wife (collectively, the Howells) and receiving an apology from Trent, Darby decided to stay.

¶ 3. Following the meeting between the Howells and Darby, three occurrences took place that Darby claimed to be harassment: a phone call to her dentist, an uninvited visit to Darby’s house, and a phone call to her beautician. She claims these occurrences ultimately forced her to quit her job. Each of these occurrences took place within two months of the reconciliation meeting between the parties.

¶ 4. The first phone call that Darby complains of was made by Trent to Darby’s dentist. Trent claimed that he was searching for Darby because she had failed to pick up some files from work. The uninvited visit by Trent to Darby’s house was made in order to retrieve files that Darby had failed to turn in to the chancery clerk’s office-a duty that Darby normally undertook. The second phone call placed by Trent was made to Darby’s beautician. Trent placed this call after seeing a car similar to Darby’s outside of the parlor and after Darby had called into work because she was sick. It was after learning about this second phone call that Darby decided to leave her employment with the firm.

¶ 5. In October 2007, after voluntarily leaving her position at the firm, Darby filed for unemployment benefits. An investigation was conducted by MDES to determine Darby’s eligibility. After speaking with both interested parties, the claims examiner recommended disqualification of unemployment benefits because Darby had failed to show good cause for voluntarily leaving her employment.

¶ 6. Darby appealed the decision of the claims examiner, and after a telephonic hearing before the administrative judge, Darby was denied benefits once again. After listening to Darby, Trent, and witnesses for both parties, the administrative judge found that Darby had failed to prove that she had left her employment for good cause, and the administrative judge affirmed the decision of the claims examiner. Following this decision, Darby filed an appeal to the Board of Review.

¶ 7. The Board of Review agreed with and adopted the administrative judge’s findings of fact; however, the Board of Review also made additional findings that allowed Darby to qualify for benefits. The Board of Review found that Trent’s conduct following the reconciliation meeting between the parties constituted a form of harassment which created an offensive work environment. Thus, the Board of Review was of the opinion that Darby had good cause for quitting her employment.

¶8. The firm appealed the Board of Review’s decision to the circuit court. After reviewing the record and briefs submitted by both parties, the circuit court reversed the decision of the Board of Review. The circuit court found that, after the reconciliation meeting between Darby and the Howells, the record failed to show how Trent’s behavior toward Darby had created an offensive work environment. The circuit court found that the decision of the Board of Review was not supported by substantial evidence; thus, the circuit court reinstated the decision of the administrative judge.

STANDARD OF REVIEW

¶ 9. “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.” Maxwell v. Miss. Employment [830]*830Sec. Comm’n, 792 So.2d 1081, 1082 (¶7) (Miss.Ct.App.2001). Upon judicial review, “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 (Supp.2009).

¶ 10. “Substantial evidence” is that which is relevant and capable of supporting a reasonable conclusion, or more than a mere scintilla of evidence. Gilbreath v. Miss. Employment Sec. Comm’n, 910 So.2d 682, 686 (¶ 13) (Miss.Ct.App.2005). In addition, “[a] rebuttable presumption exists in favor of the administrative agency, and the challenging party has the burden of proving otherwise.” Allen v. Miss. Employment Sec. Comm’n, 639 So.2d 904, 906 (Miss.1994).

¶ 11. A circuit court serves as a reviewing court in appeals from administrative agencies. Walters v. Miss. Dep’t of Econ. and Cmty. Dev., 768 So.2d 893, 895 (¶8) (Miss.2000). Therefore, its scope of review is restricted to the findings of the agency. Id. In review of an agency’s decision the circuit court is not serving as an initial fact-finder, but rather as an intermediate appellate court. Bd. of Law Enforcement Officers Standards and Training v. Butler, 672 So.2d 1196, 1199 (Miss.1996). As a result, decisions of the lower court are not due the same deference as if it were sitting as a trial court. Id. When an administrative agency’s decision is based on substantial evidence, then its ruling is binding upon any appellate court, such as, the circuit court and this Court. Wilkinson County Bd. of Supervisors v. Quality Farms, Inc., 767 So.2d 1007, 1010 (¶ 9) (Miss.2000).

ANALYSIS

¶ 12. MDES and Darby first argue that the circuit court erred when it found the Board of Review’s decision was not supported by substantial evidence. The Board of Review considered the evidence presented. The Board of Review was solely responsible for evaluating the credibility of the testimony and the supporting documentation. Because the Board of Review based its findings on the evidentiary record, we find that the circuit court was outside its scope of authority when it reweighed the evidence of the case.

¶ 13. The issue here was whether Darby left her employment with Trent’s law firm because he had created an offensive work environment by sexually harassing her. The Board of Review made several factual findings. First, Trent wanted a personal relationship with Darby. Second, Trent wanted a sexual relationship with Darby.

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Related

Jason Alston v. Mississippi Department of Employment Security
247 So. 3d 303 (Court of Appeals of Mississippi, 2017)

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Bluebook (online)
46 So. 3d 827, 2010 Miss. App. LEXIS 567, 110 Fair Empl. Prac. Cas. (BNA) 1166, 2010 WL 4069496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-department-of-employment-security-v-trent-l-howell-pllc-missctapp-2010.