Jackson-George Regional Library System v. Mississippi Department of Employment Security
226 So. 3d 133
| Miss. Ct. App. | 2017Background
- Johnell Fowler, a library clerk employed ~7.5 years, was on a six-month probation when she posted a compromising photo of a library patron on Facebook; the director terminated her for violating the library’s confidentiality policy.
- The confidentiality policy stated employees must maintain strict confidentiality of customer information but did not specify penalties for violations.
- Fowler applied for unemployment benefits; a claims examiner denied benefits for misconduct, an ALJ reversed and awarded benefits, finding the employer did not uniformly enforce the rule.
- The MDES Board of Review affirmed the ALJ; Jackson County Circuit Court affirmed the Board.
- The Court of Appeals reviewed whether the Board’s decision was supported by substantial evidence and whether Fowler’s testimony provided the necessary personal-knowledge foundation to prove nonuniform enforcement.
Issues
| Issue | Plaintiff's Argument (JGRLS) | Defendant's Argument (Fowler) | Held |
|---|---|---|---|
| Whether Fowler’s Facebook post constituted employee misconduct disqualifying her from unemployment benefits | The post violated the confidentiality policy and was grounds for immediate termination; prior probation irrelevant | The rule was not uniformly enforced; other employees posted similar photos without discipline, so termination was not "misconduct" under MDES standards | Court reversed the Board: employer proved violation but ALJ/Board decision that rule was not uniformly enforced lacked substantial evidence; benefits denial reinstated |
| Whether the Board’s finding of nonuniform enforcement was supported by substantial evidence | ALJ/Board credited Fowler’s testimony that other employees were not disciplined, supporting nonuniform enforcement | Fowler testified she observed others posting similar photos and that employees talk, supporting ALJ credibility determination | Court held Fowler lacked personal knowledge and foundation for claims about others’ discipline; her testimony could not constitute substantial evidence |
| Whether hearsay/unsubstantial testimony can be sufficient in administrative proceedings to overturn misconduct finding | Argued relaxed evidentiary rules allow reliance on uncorroborated but credible testimony | Argued ALJ properly evaluated credibility and permissibly relied on relaxed evidentiary standards in admin hearing | Court acknowledged relaxed rules but held Rule 602 requires personal-knowledge foundation; McClinton inapplicable here — evidence was not sufficiently probative |
| Standard of review: whether Board decision was arbitrary/capricious or unsupported by substantial evidence | Board’s factual finding should be deferred to unless lacking substantial evidence | ALJ/Board findings entitled to deference; credibility determinations control | Court applied deferential standard but found Board’s decision not supported by substantial evidence and therefore arbitrary and capricious; reversed and rendered to deny benefits |
Key Cases Cited
- EMC Enter., Inc. v. Miss. Dep’t of Emp’t Sec., 11 So. 3d 146 (Miss. Ct. App. 2009) (deference to MDES Board findings if supported by substantial evidence)
- Kidd v. Miss. Dep’t of Emp’t Sec., 202 So. 3d 1283 (Miss. Ct. App. 2016) (employer bears burden to prove misconduct by substantial, clear, and convincing evidence)
- Wheeler v. Arriola, 408 So. 2d 1381 (Miss. 1982) (definition of "misconduct" for unemployment disqualification)
- Smith v. Tippah Elec. Power Ass’n, 138 So. 3d 900 (Miss. 2014) (definition and meaning of "substantial evidence")
- McClinton v. Miss. Dep’t of Empl. Sec., 949 So. 2d 805 (Miss. Ct. App. 2006) (hearsay may be substantial evidence when highly probative and reliable)
- Robinson v. State, 940 So. 2d 235 (Miss. 2006) (Rule 602: witness must have personal knowledge to testify on a matter)