Maurice S. McGee v. Mississippi Employment Security Commission
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2003-CC-00143-COA
MAURICE S. MCGEE
APPELLANT
v.
MISSISSIPPI EMPLOYMENT SECURITY
COMMISSION AND CHOCTAW FOOD OF
CARTHAGE, MISSISSIPPI
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEES:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLEES
9/18/2002
HON. JOSEPH H. LOPER, JR.
MONTGOMERY COUNTY CIRCUIT COURT
MAURICE S. MCGEE (PRO SE)
B. RAY THERRELL
CIVIL - STATE BOARDS AND AGENCIES
ORDER AFFIRMED THE DECISION OF THE
MISSISSIPPI EMPLOYMENT SECURITY
COMMISSION BOARD OF REVIEW
AFFIRMED - 04/20/2004
BEFORE MCMILLIN, C.J., LEE AND MYERS, JJ.
MYERS, J., FOR THE COURT:
¶1.
Maurice S. McGee, pro se, appeals an order of the Circuit Court of Montgomery County affirming
his disqualification from unemployment benefits. The circuit court affirmed the decisions of the claims
examiner for the Mississippi Employment Security Commission (MESC), rendered on February 14, 2002;
a referee of the MESC on appeal, rendered on March 27, 2002, and the Board of Review of the MESC
in a second appeal on May 8, 2002. In this appeal, McGee asserts a single issue: whether the lower
court’s findings of fact are clearly erroneous. Finding no reversible error, we affirm.
STATEMENT OF FACTS
¶2.
Maurice S. McGee was employed in the deboning area of Choctaw Maid Foods in Carthage,
Mississippi, from February 22, 2000 until January 24, 2002. His duties were to pick up meat that had
fallen on the floor and take the meat to the wash station where other personnel wash the meat. He was
discharged on January 24, 2002, for poor work performance. On January 24, 2000, McGee picked up
scrap meat off the floor and placed it in a container with clean meat. This occurred in the presence of a
United States Department of Agriculture inspector. According to the referee’s report, the USDA inspector
advised McGee’s supervisor that McGee should be fired for such conduct. McGee was terminated for
placing the contaminated meat in the same container with uncontaminated meat in violation of USDA
guidelines.
¶3.
After McGee’s termination, he applied for unemployment benefits. The claims examiner
determined that he was fired for misconduct connected with his employment and was not eligible for
benefits. McGee appealed this decision to the MESC. A referee held two telephonic hearings on March
12, 2002 and March 26, 2002. McGee testified on his own behalf and Nikki Stiles, the human resources
clerk for Choctaw Maid Food, testified on behalf of the employer. Following the hearing, the referee
found: “In this case, the claimant was discharged for putting dirty meat in with clean meat. It is the opinion
of the referee that claimant’s actions would constitute misconduct as that term is used in the law. The
decision of the claims examiner is affirmed.”
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¶4.
McGee appealed to the Board of Review and the Board affirmed the referee's decision. McGee
then appealed to the Circuit Court of Montgomery County which affirmed the Board of Review of the MESC.
LEGAL ANALYSIS
¶5.
When an appellate court reviews a trial court’s decision to affirm or deny an administrative
agency’s findings and decisions, the appropriate standard of review is abuse of discretion. Brandon v.
Miss. Employment Sec. Comm’n, 768 So. 2d 341, 343 (¶ 7) (Miss. Ct. App. 2000). The standard for
reviewing the findings and decisions of an administrative agency, such as the MESC, is found in Mississippi
Code Annotated Section 71-5-531 (Rev. 2000). The statute reads: "In any judicial proceedings under this
section, the findings of the board of review as to the facts, if supported by evidence and in the absence of
fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law." Id.
¶6.
On the standard of review of MESC proceedings, this Court has held "[t]he denial of benefits may
be disturbed only if (1) unsupported by substantial evidence, (2) arbitrary or capricious, (3) beyond the
scope of power granted to the agency, or (4) in violation of the employee's constitutional rights." Miss.
Employment Sec. Comm'n v. Noel, 712 So.2d 728, 730 (¶ 5) (Miss. Ct. App.1998) (citing Miss.
Comm'n on Envtl. Quality v. Chickasaw County Bd. of Supervisors, 621 So.2d 1211, 1215
(Miss.1993)). This Court must affirm the decision of the MESC when the decision is supported by
substantial evidence. Reeves v. Miss. Employment Sec. Comm’n, 806 So. 2d 1178, 1179 (¶ 5) (Miss.
Ct. App. 2002).
¶7.
According to Mississippi Code Annotated Section 71-5-513 A.(1)(b)(Rev.2000), a person is
disqualified from receiving unemployment benefits if he is discharged due to misconduct connected with his
work. The employer has the burden of proving misconduct by clear and convincing evidence. Brandon,
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768 So. 2d at 344 (¶ 10). In the case of Wheeler v. Arriola, 408 So. 2d 1381 (Miss. 1982), the
Mississippi Supreme Court defined “misconduct” within the meaning of the unemployment statute as:
conduct evincing such willful and wanton disregard of the employer's interest as is found
in deliberate violations or disregard of standards of behavior which the employer has the
right to expect from his employee. Also, carelessness and negligence of such degree, or
recurrence thereof, as to manifest culpability, wrongful intent or evil design, and showing
an intentional or substantial disregard of the employer's interest or of the employee's duties
and obligations to his employer, came within the term.
Wheeler, 408 So. 2d at 1383. Actions not included in the realm of “misconduct” include “[m]ere
inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, or
inadvertences [sic] and ordinary negligence in isolated incidents, and good faith errors in judgment or
discretion . . . ” Id.
¶8.
In the case sub judice, McGee’s violation of USDA guidelines by placing contaminated meat in
containers with uncontaminated meat constitutes misconduct. McGee stated that he thought the scrap meat
was going to be used for dog or cat food and so its placement did not matter. He also testified in the
telephonic hearing with the referee that he knew he should not place contaminated meat with
uncontaminated meat. Regardless of this knowledge, McGee chose to violate the guidelines in the presence
of a USDA inspector who was visiting the plant.
¶9.
McGee also presents an argument on appeal that another female employee, Marilyn Waters, did
the same thing with contaminated meat and she was suspended for three days. He argues that this was an
Equal Protection violation according to the Fourteenth Amendment. The hearing on March 12, 2002, was
delayed specifically so Nikki Stiles, the representative of Choctaw Maid Foods, could obtain Marilyn
Waters’ employee file. During the hearing on March 26, 2002, Stiles testified that she saw no record in
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Waters’ file of discipline; specifically of her being suspended for three days. McGee’s assertions were not
supported
¶10.
by
documentation
in
Waters’
employee
records.
For the reasons discussed above, the decision of the lower court affirming the decision of the
MESC denying McGee unemployment compensation benefits is affirmed.
¶11. THE JUDGMENT OF THE CIRCUIT COURT OF MONTGOMERY COUNTY IS
AFFIRMED.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, CHANDLER AND GRIFFIS, JJ., CONCUR.
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