LINDA J. WINDHAM APPELLANT
MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY APPELLEE
OF JUDGMENT: 08/10/2015
COUNTY CIRCUIT COURT HON. MARCUS D. GORDON JUDGE
ATTORNEY FOR APPELLANT: ROBERT M. LOGAN JR.
ATTORNEYS FOR APPELLEE: ALBERT B. WHITE ANNA CRAIN CLEMMER
Linda Windham appeals the denial of unemployment benefits.
Upon review, we find no abuse of discretion and affirm.
AND PROCEDURAL HISTORY
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.
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.
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).
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).
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.
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 ...