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Dailey v. Mississippi Department of Employment Security

Court of Appeals of Mississippi

December 11, 2018

CHARLOTTE DAILEY APPELLANT
v.
MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY APPELLEE

          DATE OF JUDGMENT: 08/31/2017

          YALOBUSHA COUNTY CIRCUIT COURT, FIRST JUDICIAL CIRCUIT, HON. JAMES MCCLURE III JUDGE.

          ATTORNEY FOR APPELLANT: WILLIAM LEDYARD WILLIAMSON.

          ATTORNEY FOR APPELLEE: ALBERT B. WHITE.

          BEFORE LEE, C.J., GREENLEE AND TINDELL, JJ.

          GREENLEE, J.

         ¶1. Charlotte Dailey appeals the decision of the Circuit Court of Yalobusha County, which affirmed the decision of the Board of Review of the Mississippi Department of Employment Security (MDES) denying her unemployment benefits. The Board of Review adopted the MDES administrative law judge's (ALJ) determination that Dailey voluntarily resigned her employment without good cause, which disqualified her eligibility to receive unemployment benefits. On appeal, Dailey asserts that: (1) the ALJ erred in declining to admit her employer's board minutes; (2) substantial evidence did not support the Board of Review's findings; and (3) the Board of Review applied the incorrect law. Finding that substantial evidence supports the Board's decision, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Dailey worked for the Grenada Tourism Commission. She was buying several items for her employer at Walmart when her employer's credit card was denied. Dailey then called her supervisor, Larry Harges, and he drove to Walmart with another employee.

         ¶3. Harges confronted Dailey about her purchases, and a verbal disagreement ensued, during which, though disputed, Dailey may have offered to resign. Harges, without the authority to accept a resignation, placed Dailey on administrative leave the next day. However, Dailey did work at a previously scheduled Grenada Tourism event several days later.

         ¶4. Shortly after the event, the Grenada Tourism Commission's board (board) met without Dailey present. They telephonically called her from the meeting, and at that meeting, they accepted her resignation. The board informed Dailey of the decision.

         ¶5. Dailey filed for unemployment benefits several days later. The Claims Examiner determined that she did not show good cause for resigning her employment and was, therefore, disqualified from benefits.

         ¶6. Dailey appealed to the ALJ, who also found that Dailey was disqualified from unemployment benefits. The Board of Review upheld the ALJ's decision. She then appealed to the circuit court, which affirmed the decision of the Board of Review.

         ¶7. In her appeal to this Court, she asserts that: (1) the ALJ erred in declining to admit the Grenada Tourism Commission's board minutes; (2) substantial evidence did not support the Board of Review's ...


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