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Windham v. Mississippi Department of Employment Security

Court of Appeals of Mississippi

January 3, 2017

LINDA J. WINDHAM APPELLANT
v.
MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY APPELLEE

          DATE OF JUDGMENT: 08/10/2015

         NEWTON COUNTY CIRCUIT COURT HON. MARCUS D. GORDON JUDGE

          ATTORNEY FOR APPELLANT: ROBERT M. LOGAN JR.

          ATTORNEYS FOR APPELLEE: ALBERT B. WHITE ANNA CRAIN CLEMMER

         EN BANC.

          GRIFFIS, P.J.

         ¶1. Linda Windham appeals the denial of unemployment benefits. Upon review, we find no abuse of discretion and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Windham was employed with Pioneer Community Hospital in Newton, Mississippi, as a purchasing clerk beginning January 1, 2010. In December 2013, Pioneer implemented a new computer system. Windham was trained on the new system in November 2013, and received additional training in December 2013. In January 2014, Windham was issued a verbal warning for her job performance and received further training on the system.

         ¶3. On January 31, 2014, Windham received a written warning after an audit revealed inventory errors. According to the Employee Corrective Action Form, stock requisitions were not being filled, and non-stock orders were not being filled and sent to corporate in a timely manner. Windham was advised to follow procedures as outlined in training. Windham was further advised that stock requisitions should be filled promptly, and nonstock requests should be sent to corporate in order to not cause a shortage and jeopardize patient care.

         ¶4. On February 13, 2015, Windham was discharged for her failure to perform assigned duties and procedures and to follow requests from management. Windham subsequently filed an initial claim for benefits with the Mississippi Department of Employment Security (MDES).

         ¶5. The claims examiner found Windham was discharged for misconduct connected to her work and was disqualified from receiving unemployment benefits beginning February 14, 2015, until she was reemployed and earned eight times her weekly benefit amount. Windham appealed the decision to the administrative-law judge (ALJ).

         ¶6. A telephonic hearing was held before the ALJ, during which Windham, Windham's attorney, a Pioneer representative, and a Pioneer witness participated. The ALJ found Windham was discharged for poor job performance and affirmed the decision of the claims examiner. Windham appealed to the MDES Board of Review, which affirmed the decision of the ALJ.

         ¶7. On July 14, 2015, Windham appealed the Board of Review's decision to the circuit court. Windham also filed a "motion to set aside time for briefing" and requested sufficient time to file a brief. On August 10, 2015, the record and transcript were filed. That same day, the circuit court entered an order, which affirmed the decision of the Board of Review and denied and dismissed the appeal. Windham now appeals the circuit ...


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