Eddie J. Davis v. Mississippi Department of Employment Security
147 So. 3d 385
Miss. Ct. App.2014Background
- Davis applied for unemployment benefits after being fired from Columbus Nissan for workplace misconduct.
- MDES denied benefits, citing disqualification for misconduct under statute.
- Davis requested a hearing within 14 days of the initial decision as permitted by statute.
- ALJ conducted a telephonic hearing and affirmed the misconduct disqualification on May 21, 2013.
- ALJ mailed the decision on May 22, 2013, advising the decision would become final on June 5, 2013 unless an appeal was filed by then.
- Davis filed his appeal on June 6, 2013, one day after the decision became final, and the Board dismissed it as untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board properly dismissed the appeal as untimely | Davis contends he did timely appeal or that late filing was excusable. | The appeal was untimely under the 14-day deadline and no good cause shown. | Untimely; final decision binding unless good cause shown. |
| Whether Davis showed good cause for late filing | Davis claims lack of notice or other excusable reason for delay. | Davis offered no evidence of delays or other controllable reasons; mere denial of receipt is insufficient. | No good cause; late filing affirmed. |
Key Cases Cited
- Wilkerson v. Miss. Emp't Sec. Comm'n, 630 So.2d 1000 (Miss. 1994) (strictly construes fourteen-day appeal period; no authority to extend)
- Marion Cnty. Sheriff’s Dep’t, 865 So.2d 1153 (Miss. 2004) (good cause requires mailing to last known address not reasonably calculated to apprise)