Skyhawke Technologies, LLC v. Mississippi Department of Employment Security, 110 So. 3d 327

Gillis, employed by SkyHawke for six years as a sales rep, sent vulgar texts and voicemails to Moreland after an obscene remark at work.
Gillis brandished his phone at Moreland and asked about receipt of his messages; Moreland feared for her safety.
Gillis was terminated for sending sexually explicit messages; one off-site encounter with Moreland occurred in the past.
MDES awarded Gillis unemployment benefits after an ALJ reversed the initial denial; SkyHawke and MDES Board affirmed the award.
SkyHawke challenged the circuit court’s review, the exclusion of the employee handbook, and whether Gillis’s conduct constituted misconduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standard of review and fraud question	Gillis argues the circuit court erred by denying fraud review.	Gillis contends the court properly applied the conclusive-fact standard under statute.	No error; conclusive-fact standard applied correctly.
Admissibility of employee handbook	Handbook should have been admitted; its absence affects findings.	No substantial right affected; ALJ provided alternative evidence via policy testimony.	Exclusion did not affect substantial rights; affirmed exclusion.
Misconduct/disqualifying conduct	Gillis’s remarks constitute misconduct under statute and Captain guidance.	Gillis’s conduct was isolated, not misconduct; policy not consistently enforced; lack of willful disregard.	Gillis’s remarks were not misconduct; benefits award affirmed.

Wheeler v. Arriola, 408 So.2d 1383 (Miss. 1982) (defines misconduct for unemployment eligibility)
Captain v. Mississippi Employment Security Commission, 817 So.2d 634 (Miss.Ct.App.2002) (policy awareness and enforcement matters for misconduct)
Jones v. B.L. Development Corp., 940 So.2d 961 (Miss.Ct.App.2006) (agency theory and liability distinctions in harassment cases)