News & Information

CCH® UNEMPLOYMENT INSURANCE — 12/04/14

Mississippi court awards benefits where claimant’s conduct based only on one alleged incident

The court reversed a decision that denied benefits to a claimant who had been employed as a family-service worker for a Head Start program. The court found there was insufficient evidence to support the Board’s determination that the claimant had committed disqualifying misconduct by not following directions to place a child in the correct age-group classroom. It concluded that the Board’s decision was counter to the evidence and based on only one alleged incident. On the date at issue, the claimant stated that her classrooms were full, and it was the manager’s job to tell her where to place the child, which was not done. The claimant made an attempt to place the child with one of her coworkers, who initially took the child, but then changed his mind. While the claimant did apparently misrepresent that the child had been placed, she asserted that procedures were such that when the coworker assented to taking the child, she “was out of it.” This evidence did not rise to the level of a wilful disregard for the employer’s interest. The claimant’s conduct was not the equivalent of “a constant or continuing intentional refusal to obey a direct or implied order.” The case thus was remanded for a computation of benefits (Zelma Johnson v. MDES, Miss. Ct. of App., No. 2013-CC-01120-COA, November 04, 2014).