Business Law Question Appellate, or Reviewing, Courts Is the court likely to uph
ID: 387093 • Letter: B
Question
Business Law Question Appellate, or Reviewing, Courts
Is the court likely to uphold the agency's findings of fact? EXPLAIN.
2-8. Appellate, or Reviewing, Courts. Angelica West- brook was emploved as a collector for Franklin Collection Service, Inc. During a collection call, Westbrook told a debtor that a $15 processing fee was an "interest" charge. This vio- lated company policy. Westbrook was fired. She filed a claim for unemployment benefits, which the Mississippi Depart- ment of Employment Security (MDES) approved. Franklin objected. At an MDES hearing, a Franklin supervisor testi- fied that she had heard Westbrook make the false statement, although she admitted that there had been no similar inci dents with Westbrook. Westbrook denied making the state- ment, but added that if she had said it, she did not remember it. The agency found that Franklins reason for terminating Westbrook did not amount to the misconduct required to disqualify her for benefits and upheld the approval. Franklin appealed to a state intermediate appellate court. Is the court likely to uphold the agency's findings of fact? Explain. [Frank- lin Collection Service, Inc. v. Mississippi Department of Employ ment Security, 184 So.3d 330 (Miss.App. 2016)] (See The State and Federal Court Systems.)Explanation / Answer
The court is likely to uphold the agency’s finding of facts as there is no evidence of fraud or misuse. However as there is no substantial proof that Westbrook intentionally quoted the wrong information. Hence, though the court will support the agency’s facts, it will still pass the judgment in favor of Westbrook as her intentions in quoting the same is still npt very clear.
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.