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CCH® UNEMPLOYMENT INSURANCE — 7/22/15

Substantial evidence, not solely hearsay, supported misconduct determination, says Mississippi court

The court affirmed the denial of benefits to a claimant who was discharged from his employment as a casino table-games dealer after two guests complained about his poor behavior and bad attitude. The court found that there was substantial evidence, not solely hearsay, to support the misconduct determination. The casino provided an employee handbook acknowledgment form signed by the claimant, as well as the claimant’s employee record, which contained an entry relating to a customer service issue. The claimant testified that he was familiar with the employer’s policy and its terms. He also acknowledged that, in one other instance, he had been coached on customer service issues. In addition to the written statements of the aggrieved guests, the casino also provided testimony and a written statement from the assistant table-games manager, who was present the night of the incident and took the guests’ statements (Kenneth Haulcy v. MDES, Miss. Ct. of App., No. 2013-CC-01343-COA, June 9, 2015).