Johnson v. Mississippi Department of Employment Security
150 So. 3d 149
| Miss. Ct. App. | 2014Background
- Zelma Johnson, a 38-year employee at Washington County Opportunities, was discharged Sept. 27, 2012 for alleged insubordination after an incident involving placement of a transferred special-needs child.
- The child’s transfer slip listed age three but Johnson found the child was four; Johnson’s classroom was at capacity and she asked supervisor Lena Berry where to place the child but received no direction.
- Johnson sought assistance from coworkers; one (Smith) initially agreed, later changed his mind; another (Nelson) declined because her classes were full. Johnson told Berry the child had been placed.
- Employer emails and memos criticized Johnson for not placing the child in the proper classroom; Johnson had one prior verbal warning (disputed by the parent) and otherwise good evaluations over her career.
- MDES claims examiner, an ALJ, and the MDES Board denied unemployment benefits for misconduct/insubordination; the Washington County Circuit Court affirmed. The Supreme Court reversed, finding the Board’s denial unsupported by substantial evidence and remanding for benefits computation.
Issues
| Issue | Johnson's Argument | Employer/MDES Argument | Held |
|---|---|---|---|
| Whether employee misconduct/insubordination disqualified Johnson from benefits | Johnson argues she attempted to comply, her classrooms were full, she sought supervisor direction and coworkers agreed initially; at most a single mistake or good-faith error | Employer says Johnson disobeyed a direct order to place the child in the correct classroom and misrepresented that placement after coworkers refused | Reversed: Board decision not supported by substantial evidence; single incident and circumstances do not show wilful, wanton, or continuing insubordination |
| Whether record contained substantial evidence to support denial of benefits | Johnson: record shows attempts to comply and corroborating memos supporting her account | MDES: memos and emails show failure to complete placement and managerial complaints | Court: Board’s conclusion ran counter to evidence; substantial evidence lacking |
| Burden of proof to disqualify for misconduct | Johnson: employer must show misconduct by clear, substantial, convincing evidence | Employer: asserts it met its burden via investigation, memos, witness statements | Court: Employer did not meet required showing for wilful misconduct/insubordination on these facts |
| Effect of alleged misrepresentation that child was placed | Johnson: procedural practice treated handing the folder as transferring responsibility; any misstatement was not wilful or recurring | Employer: asserts misrepresentation supports finding of misconduct | Court: isolated misrepresentation insufficient to establish the degree of culpability required for disqualification |
Key Cases Cited
- Wheeler v. Arriola, 408 So.2d 1381 (Miss. 1982) (defines "misconduct" for unemployment cases)
- Shannon Eng’g & Constr., Inc. v. Miss. Emp’t Sec. Comm’n, 549 So.2d 446 (Miss. 1989) (insubordination falls within "misconduct")
- Miss. Emp’t Sec. Comm’n v. Hudson, 157 So.2d 1010 (Miss. Ct. App. 2000) (defines insubordination as continuing intentional refusal to obey a reasonable order)
- City of Clarksdale v. Miss. Emp’t Sec. Comm’n, 699 So.2d 578 (Miss. 1997) (employer’s burden to show misconduct by substantial, clear, and convincing evidence)
- Gilbreath v. Miss. Emp’t Sec. Comm’n, 910 So.2d 682 (Miss. Ct. App. 2005) (explains administrative-review substantial-evidence standard)