Milliken & Co. v. South Carolina Employment Security Commission

Toal, Associate Justice:

I respectfully dissent. Because the Commission’s decision was based on a misapprehension of the applicable law, I would remand to allow the Employment Security Commission to reconsider the evidence in light of the correct legal standards.

The Commission’s decision rested, at least in part, on its belief that employers cannot discharge employees for conduct that occurs in an employee break area. Based on that belief, the Commission did not consider the evidence of Gantt’s misconduct in the “shade room” and canteen.1

As the Court of Appeals correctly noted, however,…