Herman C. Kidd v. Mississippi Department of Employment Security
202 So. 3d 1283
Miss. Ct. App.2016Background
- Herman C. Kidd, a truck driver for Marten Transport, was fired on April 2, 2014 after making racially inflammatory comments during a delivery to a Walmart in Cleveland.
- Walmart complained to Marten and refused future deliveries by Kidd; Marten claims it offered Kidd an alternative regional driver position requiring significant overnight travel, which Kidd denies.
- Kidd filed for unemployment on April 10, 2014; an MDES claims examiner initially denied benefits finding a voluntary quit.
- An ALJ reversed the claims examiner, concluding Kidd did not voluntarily quit and that his comments were not misconduct.
- The MDES Board of Review reversed the ALJ, finding Kidd committed work-connected misconduct and disqualifying him from benefits; the Pontotoc County Circuit Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kidd committed "misconduct" disqualifying him from unemployment benefits | Kidd argued his comments were not misconduct and he had a legitimate grievance against Walmart | Marten argued the racially charged comments showed willful disregard of employer's standards and interests | Court held the Board’s finding of misconduct was supported by substantial evidence and affirmed the disqualification |
| Whether Kidd voluntarily quit (and thus whether benefits were barred on that ground) | Kidd contended he was terminated, not that he quit | Marten suggested Kidd refused offered alternative work (implying voluntary separation) | Court accepted Board’s resolution that termination for misconduct was the operative finding; the voluntary-quit determination was not upheld over the Board’s misconduct finding |
Key Cases Cited
- Wheeler v. Arriola, 408 So. 2d 1381 (Miss. 1982) (defines "misconduct" for unemployment disqualification)
- Jackson Cty. Bd. Sup'rs v. Miss. Emp’t Sec. Comm’n, 129 So. 3d 178 (Miss. 2013) (standard for judicial review of Board of Review decisions)
- Sprouse v. Miss. Emp’t Sec. Comm’n, 639 So. 2d 901 (Miss. 1994) (explains statutory confines of appellate review of agency findings)