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IN THE COURT OF APPEALS 1/14/97 OF THE STATE OF MISSISSIPPI
NO. 95-CC-00779 COA

MISSISSIPPI EMPLOYMENT SECURITY COMMISSION APPELLANT v. ROBERT W. MCINTYRE APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. ROBERT LOUIS GOZA, JR. COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: MARK D. RAY FOR APPELLEE: PRO SE NATURE OF THE CASE: UNEMPLOYMENT BENEFITS TRIAL COURT DISPOSITION: UNEMPLOYMENT BENEFITS ALLOWED

BEFORE FRAISER, C.J., DIAZ, KING, AND SOUTHWICK, JJ. KING, J., FOR THE COURT:

The Circuit Court of Rankin County reversed a decision of the Mississippi Employment Security Commission, denying unemployment compensation to Robert McIntyre. The Commission has appealed from that decision. We reverse and render. FACTS McIntyre was employed by Multitech in Pelahatchie, Mississippi. Multitech's policies provided that any employee absent for three consecutive days without permission, would be considered as having quit his or her job. On the night of June 13, 1994, McIntyre called the plant and spoke with a nonsupervising employee, who merely happened to answer the phone, and informed her that he would be absent for the funeral of an uncle. McIntyre returned to work on June 19, 1994, at which time he was informed that he was no longer an employee of Multitech. Between June 13 and June 19, McIntyre made no effort to contact any supervisor or administrator at Multitech regarding his absence. McIntyre's claim for unemployment compensation was denied by the Employment Security commission because of his misconduct. He then appealed that denial to the Rankin County Circuit Court, which reversed that denial. The Commission has appealed that reversal. ANALYSIS Section 71-5-3 of the Mississippi Code declares as the public policy of this State, the assistance of eligible employees, who are "unemployed through no fault of their own." Miss. Code Ann.

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