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Anthony v. Mississippi Dep't of Empl. Sec.

Court of Appeals of Mississippi

June 17, 2014

DENISE ANTHONY, APPELLANT
v.
MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY, APPELLEE

COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 03/22/2013. TRIAL JUDGE: HON. ROBERT WALTER BAILEY. TRIAL COURT DISPOSITION: AFFIRMED THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY BOARD OF REVIEW'S DECISION THAT CLAIMANT/APPELLANT WAS DISCHARGED FOR WORK-RELATED MISCONDUCT AND WAS NOT ENTITLED TO BENEFITS.

FOR APPELLANT: DENISE ANTHONY (Pro se).

FOR APPELLEE: ALBERT B. WHITE, LEANNE FRANKLIN BRADY.

BEFORE GRIFFIS, P.J., BARNES AND JAMES, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

Page 930

NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES

GRIFFIS, P.J.

[¶1] Denise Anthony appeals an unemployment-compensation-benefits decision. We find no error and affirm.

FACTS

[¶2] Anthony began her employment with Wal-Mart Associates, Inc., on August 27, 2001. She was a cashier. Anthony was terminated on June 29, 2012. Wal-Mart gave the following reasons for her termination: excessive tardiness and absences in violation of Wal-Mart's attendance policy, and a failure to take reasonable steps to improve her attendance.

[¶3] Wal-Mart established a no-fault attendance policy that is based on the number of warnings for tardies and absences. A Wal-Mart employee will receive a written first, second, and third warning. After a third warning, any further incidents of tardiness or absenteeism would be the next step to termination.

[¶4] Anthony was made aware of the attendance policy through the computer-based learning (CBL) system. Wal-Mart employees are instructed about all of the policies during orientation and are required to go to the CBL unit every time a

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policy is updated or changed. The most recent update of the policy was July 19, 2010. Anthony signed a letter of acknowledgment on that date.

[¶5] Anthony was warned by several assistant managers for her attendance and that she was subject to disciplinary action. Anthony received the first warning for being tardy on May 28, 2011. She received a second warning on July 4, 2011, after a total of nineteen absences and fifteen tardies. Her third warning was on April 9, 2012, for being absent without notice. Anthony had the opportunity to put in a change of availability time in order to make it easier for her to get to work on time. ...


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