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Scott v. Mississippi Employment Security Commission
Citations: 892 So. 2d 291; 2004 Miss. App. LEXIS 1051; 2004 WL 2521704Docket: No. 2003-CC-02478-COA
Court: Court of Appeals of Mississippi; November 8, 2004; Mississippi; State Appellate Court
Jerry Scott appealed the denial of unemployment benefits by the Mississippi Employment Security Commission, which was affirmed by the Jefferson County Circuit Court. Scott was terminated from Wackenhut on December 5, 2001, for repeatedly refusing to attend mandatory fire watch training, deemed insubordination and misconduct. Following his termination, Scott applied for unemployment benefits. A claims examiner determined that his refusal constituted misconduct, which was upheld by a referee and later by the Board of Review. Scott's subsequent appeal to the Circuit Court confirmed that the Board's decision was supported by substantial evidence. Scott argued that Wackenhut failed to demonstrate substantial evidence for his discharge due to misconduct. Testimony from James Dorsey, Wackenhut’s project manager, revealed that Scott was instructed on two occasions, November 8 and November 28, 2001, to attend the fire watch training, which was mandated after negotiations between Wackenhut and the International Guards Union reached an impasse. After refusing to attend the training and failing to respond to follow-up messages, Scott was ultimately terminated. Scott acknowledged his refusal on November 8 but claimed it was in his capacity as a union representative. Scott refused to participate in a training program on November 28, citing medical issues, but failed to provide sufficient evidence of debilitating pain, distinguishing his situation from the case of Mississippi Employment Security Commission v. Noel. In Noel, the claimant's refusal was based on severe pain, and the court ruled that her supervisor should have allowed additional time for medical assessment. In contrast, Scott only provided a note about a doctor's appointment and did not communicate further about his medical condition. The referee determined Scott was disqualified from unemployment benefits under Mississippi Code Annotated Section 71-5-513(A)(1)(b) due to misconduct related to his insubordination. The definition of misconduct was guided by Wheeler v. Arriola, which includes willful disregard for employer standards and intentional failure to perform duties. The referee also referenced the Mississippi Employment Security Commission Administrative Manual, which outlines conditions under which a rule violation can be considered misconduct. The Board of Review confirmed the referee’s findings, concluding that Scott's refusal to attend the required training constituted insubordination, which meets the criteria for disqualifying misconduct. The court upheld the Board's findings as supported by substantial evidence, ruling that Scott’s actions warranted the denial of unemployment benefits. The judgment of the Jefferson County Circuit Court, affirming the Board of Review’s decision, was therefore affirmed.