Pilate v. Mississippi Department of Employment Security

¶ 15. The majority finds that MDES’s decision to deny Pilate unemployment benefits based on “misconduct” was supported by substantial evidence. Based on my review of the record, TA failed to meet its burden of proving misconduct by “substantial, clear and convincing evidence.” While TA’s general manager attempted to explain the conflicting reasons given for Pilate’s termination, his testimony was, at best, self-serving and arguably pretextual, as it would enable TA to avoid an unemployment-compensation claim. I cannot accept that under such circumstances, TA proved by clear and convincing…