Kenneth Haulcy v. Mississippi Department of Employment Security

¶ 14. I respectfully dissent from the majority’s opinion affirming the denial of Haulcy’s unemployment claim by the Board of Review. According to the employer, Haulcy was terminated for “poor guest service.” However, during the ALJ hearing, the guests who made the complaint did not testify. The witnesses who did testify, other than Haulcy, were not present during the incident from which the complaint arose.

¶ 15. The employer bears the burden of proving misconduct of the employee. Seago v. Miss. Dep’t of Emp’t Sec., 158 So.3d 392, 394 (¶ 7.) (Miss.Ct.App.2015). We have previously stated:

The…