Topic: the employer bears the burden of proving misconduct by subs… · Go Syfert
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Topic #24422

5 canonical passages across 3 cases, quoted by 17 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Herman C. Kidd v. Mississippi Department of Employment Security.

#Case FlagCanonical passage Citers
1 Herman C. Kidd v. Mississippi Department of Employment Security Anchor
missctapp · 2016
green “the employer bears the burden of proving misconduct by substantial, clear, and convincing evidence.” 4
2 Gammage v. Mississippi Department of Employment Security
missctapp · 2013
green “insubordination may rise to the level of misconduct on certain occasions.” 4
3 Linda J. Windham v. Mississippi Department of Employment Security
missctapp · 2017
green “the standard of review in cases where this court examines the circuit court's judgment affirming the board's decision is abuse of discretion.” 3
4 Gammage v. Mississippi Department of Employment Security
missctapp · 2013
green “insubordination is defined as a constant or continuing intentional refusal to obey a direct or implied order, reasonable in nature, and given by and with proper authority.” 3
5 Gammage v. Mississippi Department of Employment Security
missctapp · 2013
green “this court has held that when an employee repeatedly refuses to perform a task she was ordered to perform and curses at her supervisor, she has committed misconduct through her insubordination.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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