Mask v. Mississippi Department of Employment Security, 80 So. 3d 845

Mask was terminated from Townhouse Home Furnishings as a seamstress after repeated sewing errors.
She had worked January 10, 2006, to September 8, 2008, sewing pre-cut fabric onto chairs and loungers.
Supervisor testified Mask received at least five warnings for quality issues.
On September 8, 2008, Mask sewed the rails backward on about fifty chaise loungers, causing disruption and rework.
Mask testified she made errors because that is how she was instructed and claimed the layoff was due to lack of work, not misconduct.
The MDES denied unemployment benefits for misconduct; ALJ, Board of Review, and circuit court affirmed; Mask appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether repeated negligent sewing constitutes misconduct	Mask argues no willful misconduct; lack of wrongful intent.	Townhouse argues repeated neglect shows disqualifying misconduct.	Yes; accumulated warnings and repeated negligent disregard support misconduct.
Whether there was substantial evidence of wrongful intent or evil design	Allen-like lack of wrongful intent; no evidence of evil design.	Evidence showed repeated disregard for employer interests despite warnings.	Substantial evidence supports finding of misconduct, not mere error.

Allen v. Mississippi Employment Security Commission, 639 So.2d 904 (Miss. 1994) (reversed denial of benefits where no wrongful intent shown)
Mississippi Employment Security Commission v. Claiborne, 872 So.2d 698 (Miss. Ct. App. 2004) (prolonged failure to perform duties may rise to misconduct under statute)
Shavers v. Mississippi Employment Security Commission, 763 So.2d 183 (Miss. Ct. App. 2000) (repeated neglect can constitute misconduct when viewed collectively)
Boynton Cab Co. v. Neubeck, 237 Wis. 249, 296 N.W. 636 (Wis. 1941) (definition of misconduct includes deliberate disregard and culpable negligence)
Wheeler v. Arriola, 408 So.2d 1381 (Miss. 1982) (defines misconduct in unemployment benefits context)