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Hemphill v. Mississippi Dep't of Employment Security

Court of Appeals of Mississippi

December 16, 2014

JAMES HEMPHILL, APPELLANT
v.
MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY AND DELTA DISTRIBUTING COMPANY OF GREENWOOD, APPELLEES APPELLEES

DATE OF JUDGMENT: 03/20/2014.

COURT FROM WHICH APPEALED: LEFLORE COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. MARGARET CAREY-MCCRAY. TRIAL COURT DISPOSITION: AFFIRMED DENIAL OF BENEFITS.

ATTORNEY FOR APPELLANT: JAMES HEMPHILL (PRO SE).

ATTORNEYS FOR APPELLEES: ALBERT B. WHITE, LEANNE FRANKLIN BRADY.

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

OPINION

Page 1227

MAXWELL, J.

¶1. James Hemphill's employer discharged him for having three consecutive absences without giving notice in violation of the employer's work policy. Hemphill sought unemployment benefits, claiming he did give notice. But the Mississippi Department of Employment Security (MDES) Board of Review found the employer's testimony more credible, and based on its finding that Hemphill's failure to give notice was misconduct, it denied benefits. Because it was within the Board's authority to make this credibility determination, we affirm.

Facts and Procedural History

¶2. Hemphill was employed bye Delta Distributing Company of Greenwood as a loader from August 18, 2010, to May 8, 2013. Delta's attendance policy required employees to be discharged if they fail to show up or call into work for three consecutive days. All employees are informed of this policy when hired.

¶3. Hemphill was incarcerated from May 3 to May 9. Because Hemphill had three consecutive absences without notification,

Page 1228

Delta discharged him on May 8, 2013.

¶4. Hemphill then filed for unemployment benefits. A claims examiner interviewed Hemphill and James Hargrove, the owner and vice president of Delta. The claims examiner determined Hemphill was disqualified from receiving benefits ...


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