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Mississippi Unemployment Case Law
These cases are from the Mississippi Judiciary Server
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A walmart greeter cussed.
She says she quit her job after 23 years because the store owner made her sell cigarettes to minors. This court won't listen because her appeal is late. It's late because the earlier court never sent her a copy of their decision.
He missed the 30 day deadline for appeal by a whopping 113 days. What's he expect the court to do?
A college janitor arrested for armed robbery does not call in to say he will be absent.
He worked for the city. He ran for mayor. The incumbent mayor fired him because there's a rule that city employees aren't supposed to campaign for someone. Unemployment wouldn't pay him because he got fired for breaking a rule. This court won't help him either.
Bullock (Dissent)
This judge thinks he should collect. When the rule said don't campaign for someone, it didn't mean yourself.
The supervisor told her they needed her to work a couple of hours in a different building. She refused to go there because she didn't like the guy in charge over there. They fired her. She doesn't collect.
He circulated gobs of emails, all about various murder plots. He would not knock it off. They fired him. He does not collect.
He didn't show up for work. They fired him. He appealed and then didn't show up. He appealed again and again didn't show up.
Didn't receive a notice from the Department because he had moved to Florida. That's why his appeal was late.
City of Clarksdale
When his summer job came to an end, the city offerred to keep him on at another job. He declined. He collects.
City of Clarksdale
A cop let himself get out of shape and couldn't pass the physical exam, even after they let him try over and over. The court says he doesn't collect, but a couple of judges think he should.
Repeated neglect of duties adds up to misconduct.
Clark Printing
Clark's said their employees were leased from a company with a lower tax rate. The court says their leasing company was only a payroll service. They have to cough up the difference.
A fireman had a friend serve a summons on the mayor at a public meeting, so the mayor fired him. He collects.
Coahoma County
A woman whose job is watching TV monitors in a jail is accused of sexual harassment. During the times when she is said to have harassed inmates, jail authoritites found that the camera lenses were covered. She does not collect.
They stiffed him on his car mileage, made him work late every night, cut his staff in half, and wouldn't let him do what they had hired him for. After three months of this, he gave his two weeks notice. But they fired him the next day. He collects.
A hospital kitchen worker complained of back pain, and kept leaving early, but refused to discuss treatment or accomodation with his supervisor. He doesn't collect.
Three written reprimands mean termination.
Funches et al
The union contract says that during the vacation shutdown employees without seniority will be considered laid off. Therefore, they collect.
This teacher got fired for showing "Silence of the Lambs" to students.
Harris (Dissent)
This judge does not think that he should get fired for showing an R rated movie.
It seems like when he wasn't late he was tardy, and when he wasn't absent he didn't show up. In between, he only worked when he got there. But he claims that, since the employer didn't have a policy, he should collect. The court says no.
Cook brought contraband to a prison kitchen.
They kept assigning her farther and farther away, until she was on the go twelve hours a day. So she quit. The court says she won't collect.
Hoerner Boxes
She quit her job because a co-worker kept grabbing her boobs, and the company wouldn't do anything about it. The court says she collects.
He did not report his earnings while collecting Unemployment. He says that isn't his fault, because he's illiterate. The court says that's no excuse.
It started when she served coffee in the wrong cup. Pretty soon, she and her supervisor were yelling. Then she stomped out and never came back. They won't pay her unemployment. She says she would have appealed, but she never got the hearing notice. This court says she loses her case because she can't prove that she never got it.
She complained that they had her doing two people's work. The boss replied that they would hire someone to replace her. She left. She collects.
The foreman rode his butt.
They fired him because he wouldn't stop flirting with a married co-worker and get back to his work station. He does not collect.
An LPN at a nursing home was arrested. While in jail, she threatened to hurt a jail employee's mother, who was at the nursing home. The nursing home fired her. She does not collect.
Kemper Cty. Schl. Dist.
There is a whole long list of duties which he did not perform properly. But mere lack of performance is not misconduct. So he collects.
A newspaper reporter quit rather than cover her assignment.
Her father had three strokes and her mother couldn't take care of him, so she quit work to pitch in. The court says that's not good cause to quit; she does not collect.
Apparently, a clerk in a government office got fired because someone handed her a package of bumper stickers during working hours. They say she can't collect because that is campaigning (see Don Bullock , above). One judge dissents.
She was caught red-handed smuggling stolen desserts out of the shop, hiding them under her shirt. And she admitted it at the hearing. But the court says she should collect because the referee asked the questions at the hearing instead of the employer.
A teacher's assistant quit to seek a job with better pay.
In '88, he was dishonorably discharged from the Army, applied for unemployment, and was denied on that basis. Eleven years later, the dishonorable was changed to honorable. Now he wants to appeal the unemployment denial from eleven years back.
A campus cop refused to respond to a wreck because he thought the dispatcher always gave him all the work. He doesn't collect.
Meat plant worker picked up meat off the floor and put it in the bin with clean meat --- right in front of the USDA inspector.
He called the plant and said he'd be absent several days for a funeral. But the person he talked to wasn't a supervisor. That's why the court says he can't collect.
She hurt her back, therefore she is not available for work, therefore she does not collect.
After five months on workers comp, the doctor released him to work. He worked two weeks, then said he couldn't work any more. Now he wants unemployment. The court says no.
She collects a measly $405 a month Social Security; but that pittance disqualifies her from Unemployment.
O & J
The company appealed too late.
She had been in trouble several times before for arguing with customers, rudeness, insubordination, and coming up short in the till. Finally, she just didn't show up for two days, so they fired her. She says the doctor had prescribed her pills for anxiety, thus she was so out of it that she didn't know she was scheduled. She doesn't collect.
The final straw was when she fed a patient meatballs over rice.
Attendance problems add up to too many points.
She quit her job because she had a child and a sick father to take care of. She does not collect.
A waitress was fired for sexual harassment after she pinched another waitress's butt, then her boob. She says it was just horseplay. The court says she won't collect. This is the only case we've seen of sexual harassment between two women.
Falsified hours to collect overtime.
He refused to clean up his scrap.
She got in such a big argument with the store manager that they had to call the cops to make her leave. She doesn't collect.
The doctor hired a maid for his home. Later, he required her to clean his office as well. When she couldn't get scuff marks off the floor, he fired her. She collects.
He doesn't think it's fair that he shouldn't be able to collect Unemployment just because he's collecting Social Security. The court says tough.
Sanderson Plumbing Products
The employer's attendance policy does not recognize any excuses at all. He was absent twice for a flood and twice with a doctor's excuse. They fired him. He collects because the policy is unreasonable.
Fired for selling bootleg DVDs to fellow employees.
She got written up four times for not filling out her quality control reports right, so they fired her. Nor will this court help her. But there may be something else here.
An uncertified substitute teacher must be replaced with a certified one.
The city did not appeal in time, so they lose.
A simple case of absenteeism gets appealed time and again until it reaches this court.
Trading Post
She asked for two days off to help her brother paint his house. The boss said no. She took off anyway. The boss fired her. She collects.
No raise, no promotion, so quit.
A corrections officer. She can't take the job stress.
Attendance problems.
A welder with a back injury is not available for work.
Yazoo Valley
His manager got mad and put him in a headlock, so he quit. He collects.
When they suspended her, she refused to turn in her badge, so they fired her. She does not collect.
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