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MISSISSIPPI EMPLOYMENT SECURITY COMMISSION v. BORDEN

JUNE 06, 1984

MISSISSIPPI EMPLOYMENT SECURITY COMMISSION
v.
BORDEN, INC.



EN BANC

PRATHER, JUSTICE, FOR THE COURT:

This is an employment compensation case. The claimant, Jimmy Kelly, was awarded unemployment benefits after a hearing before Mississippi Employment Security Commission Referee. Referee G. A. Gilly's decision was adopted and affirmed by the Mississippi Employment Security Commission Board of Review. The claimant's employer, Borden, Inc., appealed the findings of the Board of Review to the Hinds County Circuit Court which reversed the Board's finding and held that the claimant was not entitled to unemployment benefits since he was discharged for misconduct connected with his employment. The claimant and the Mississippi Employment Security Commission appeal to this Court and assign as error that:

The circuit court erred in holding that Borden's policy of discharging employees who have had their wages garnished four or more times, is a discharge for misconduct connected with his work as contemplated by Mississippi Code Annotated section 71-5-513 (A)(2)(Supp. 1983).

 We affirm.

 I.

 The facts of this case are undisputed. Claimant Jimmy Kelly was employed with Borden Inc. as a stacker in Borden's ice cream vault since June 2, 1977, and he was discharged on May 5, 1981. The reason for his discharge was service of seven writs of garnishment on Borden for the garnishment of Kelly's wages resulting from unpaid debts. The seven garnishments served on Borden were issued within two years by four different creditors. These debts and garnishments are summarized as follows:

 Item 1) Bush Jewelers: Date of garnishment, March 12, 1979, amount, $500. Given oral and written warning. Order from Judge Martin, acknowledged March 14, 1979.

 Item 2) Bush Jewelers: Date of garnishment, June 4, 1979, amount $500. Same debt and oral and written notice given. Acknowledgement to Judge

 Martin, June 8, 1979.

 Item 3) Credit Center of Pearl: Date of garnishment October 12, 1979, amount $208. Judge Moore, garnishment acknowledged October 23, 1979.

 Item 4) Shaws Clothing: December 17, 1980, amount $285.91, Judge Bass, acknowledged January 7, 1981.

 Item 5 ) Credit Center of Pearl: Date of garnishment February 27, 1980, amount of indebtedness, $208, Judge Moore, acknowledgement dated March 1, 1980.

 Item 6) Termplan, Inc: Date of garnishment March 20, 1981, amount $17,155. Judge Patterson, involved, and garnishment acknowledged March 24, 1981.

 Item 7) Shaws Clothing: March 24, 1981, amount $285.91, Judge Bass involved, garnishment ...


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