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.
LEE, C.J., GREENLEE AND TINDELL, JJ.
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
AND PROCEDURAL HISTORY
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
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.
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
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.
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
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 ...