320 So.3d 523
Miss.2021Background:
- Stefan Sanders, a Grenada police officer since 2015, called 911 while off-duty and described delusional beliefs about a woman with extraordinary powers and government agents.
- The City placed Sanders on administrative leave and ordered a psychological fitness-for-duty exam; Dr. Wayne Lancaster diagnosed delusional disorder and recommended medication and therapy, concluding Sanders was unfit for front-line duty.
- Sanders received the report, was offered the chance to rebut with a second medical opinion, but submitted only a written statement alleging misconduct by the police chief and did not supply a medical rebuttal.
- The City terminated Sanders on August 15, 2019; he applied for unemployment benefits, which an ALJ denied (relying on City of Clarksdale).
- The Board of Review reversed and awarded benefits, finding Sanders’s mental condition was outside his control and thus not misconduct; the Grenada County Circuit Court affirmed the Board. The City appealed to the Mississippi Supreme Court.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a diagnosed mental disorder that renders an officer unfit for duty constitutes "misconduct" disqualifying from unemployment | Sanders: mental condition is outside his control; not misconduct | City: unfitness to meet statutory certification standards (mental or physical) is within the employee's control per City of Clarksdale and thus is misconduct | Held: Diagnosis rendering Sanders unfit is not misconduct; Board's award of benefits affirmed |
| Whether failure to obtain a second opinion or to seek recommended treatment converts the condition into misconduct | Sanders: failure to get a second opinion does not convert an uncontrollable medical condition into misconduct | City: Sanders could have sought a second opinion or treatment and thus his failure shows willful disregard akin to misconduct | Held: Court declined to treat Sanders’ decision not to obtain a second opinion or to follow treatment as misconduct where termination was based solely on the diagnosis and no evidence showed discharge would differ with a second opinion |
Key Cases Cited
- City of Clarksdale v. Miss. Emp. Sec. Comm'n, 699 So. 2d 578 (Miss. 1997) (held failure to meet statutory physical-certification requirement was misconduct as a matter of law)
- Wheeler v. Arriola, 408 So. 2d 1381 (Miss. 1982) (defines "misconduct" and excludes incapacity or inability from that term)
- Broome v. Miss. Emp. Sec. Comm'n, 921 So. 2d 334 (Miss. 2006) (stresses unemployment law protects workers not at fault for job loss)
- Jackson Cnty. Bd. of Supervisors v. Miss. Emp. Sec. Comm'n, 129 So. 3d 178 (Miss. 2013) (employer bears burden to prove misconduct by substantial, clear, and convincing evidence)
- Richardson v. Miss. Emp. Sec. Comm'n, 593 So. 2d 31 (Miss. 1992) (cited in context of misconduct analysis)