COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 07/09/2013. TRIAL JUDGE: HON. ALBERT B. SMITH III. TRIAL COURT DISPOSITION: AFFIRMED THE DENIAL OF UNEMPLOYMENT BENEFITS TO APPELLANT.
FOR APPELLANT: AZKI SHAH.
FOR APPELLEE: ALBERT B. WHITE, LEANNE FRANKLIN BRADY.
LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., DISSENTS WITH SEPARATE WRITTEN OPINION, JOINED BY IRVING, P.J.
NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES
[¶1] The Coahoma County Circuit Court affirmed the Mississippi Department of Employment Security Board of Review's (Board of Review) decision denying Kenneth Haulcy's request for unemployment benefits. Haulcy appeals and asks this Court to determine whether the circuit court erred in affirming the denial of benefits because the Board of Review's decision was not supported by substantial evidence. We detect no error; therefore, we affirm.
FACTS AND PROCEDURAL HISTORY
[¶2] Haulcy had been employed by Fitzgerald's Casino as a table-games dealer from March 26, 2008, until he was discharged on June 21, 2012. Haulcy filed his request for unemployment benefits on August 13, 2012, but following an investigation, Haulcy's request was denied because he " was discharged from employment . . . due to misconduct connected with the work." Haulcy appealed, and a hearing
before an administrative law judge (ALJ) was held on November 26, 2012.
[¶3] At the hearing, Edward Pestian and Christopher Odle testified on behalf of Fitzgerald's Casino. Pestian, a table-game shift manager for Fitzgerald's Casino, explained that Haulcy was discharged " for poor guest service," specifically an incident that occurred on June 16, 2012. On that date, two guests provided written statements to management about Haulcy's poor behavior and bad attitude while he was their roulette dealer. Pestian also provided, and testified about, Haulcy's " Employee Coaching Record," which included three entries. Two entries were related to his performance as a dealer, and one entry, dated February 6, 2011, stated that Haulcy " was coached on his poor attitude and lack of guest service. [He] was told he needed to turn it around, because he was falling into bad habits." Pestian testified that Haulcy received an employee handbook, which outlined that there was a zero-tolerance policy for poor guest service, and that Haulcy was aware of this policy because, on December 26, 2011, Haulcy had signed a " Disclaimer and Acknowledgment of Receipt of Team Member Handbook."
[¶4] Chris Odle, an assistant table-games manager at Fitzgerald's Casino, also testified at the hearing. Odle testified that he was on duty the night of the June 16, 2012 incident. According to Odle, the guests approached him to let him know that they felt that they had been " treated poorly by one of our dealers." Odle personally took the guests' written statements. Odle testified that he talked to the dealer that took Haulcy's place at the table, and the other dealer relayed that the guests were " nothin' but pleasant," and that the dealer had fun with the guests. On the same night as the incident with the guests, Odle prepared his ...