Benefits denial upheld where claimant sent threatening messages to county supervisors
News
Wednesday, October 21, 2020

Benefits denial upheld where claimant sent threatening messages to county supervisors

By Payroll and Entitlements Editorial Staff

An employee for the county board of supervisors was discharged for sending threatening electronic messages to several board members. The board was considering an extension of the claimant’s resignation date when he sent the threatening text messages, social media messages, and emails. As a result of the perceived threatening messages, instead of voting on whether to extend the claimant's resignation date, the board members voted unanimously to terminate the claimant's employment. The lower court did not err when it found that the claimant's actions of sending threatening messages to three county supervisors constituted work misconduct for which his benefits should be denied. The claimant's actions were not the result of a single isolated incident, inasmuch as he sent messages to three different board members demanding they extend his resignation date, threatening that otherwise consequences would follow. Combining the claimant’s violations of the employer policy against discourtesy, improper conduct or abusive language to the public or another employee with the obvious threats in the messages themselves, there was substantial evidence to support the benefit denial (Walter J. Sullivan v. DES, Miss. Ct. of App., No. 2019-CC-01369-COA, September 29, 2020).

Back to Top

Interested in submitting an article?

Submit your information to us today!

Learn More