Onyia v. Mississippi Employment Security Commission
2012 Miss. App. LEXIS 617
Miss. Ct. App.2012Background
- Onyia sought unemployment benefits from the Mississippi Department of Employment Security (MDES) after leaving Integrated Management Services, where he worked about nineteen months.
- While in Nigeria for approximately three months due to political turmoil, Onyia failed to contact his employer about the delay.
- Upon returning, Onyia was told he had been replaced and could not resume work.
- Onyia applied for benefits on October 1, 2010; the claims examiner denied benefits as a personal-resignation abandonment.
- The ALJ denied benefits; Onyia’s Board of Review appeal was deemed untimely; the circuit court affirmed; the case is before the Mississippi Supreme Court on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Onyia’s appeal to the Board of Review timely? | Onyia argues timely filing; MDES did not acknowledge receipt timely; telephone filing allegedly occurred. | MDES strict timeliness rule applies; appeal must be received within 14 days of ALJ decision. | Yes, untimely; timeliness bars relief and supports denial of benefits. |
Key Cases Cited
- Mississippi Dept. of Employment Sec. v. Good Samaritan Pers. Servs., Inc., 996 So.2d 809 (Miss. Ct. App. 2008) (good cause not shown; timeliness matters in review)
- Mississippi Employment Security Comm’n v. Edwards, 763 So.2d 194 (Miss. Ct. App. 2000) (Board’s timeliness inquiry may constitute a hearing; reconsideration may be required)
- Hernando Bank v. Davidson, 250 Miss. 23, 164 So.2d 403 (Miss. 1964) (courts limit review to record; new evidence generally not allowed)
- Marion County Sheriff’s Dep’t v. Mar*1138ion County Sheriff’s Dep’t, 865 So.2d 1153 (Miss. 2004) (strict construction of statutory timeliness rule for Board of Review)