Brown v. Miss. Dep't of Employment Sec.
| Docket Number: | 2008-CC-02142-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-11-2010 Opinion Author: Waller, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Timeliness of appeal - Waiver of issue - Section 71-5-517 Judge(s) Concurring: Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. Non Participating Judge(s): Randolph, J. Concurs in Result Only: Graves, P.J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 11-24-2008 Appealed from: NEWTON COUNTY CIRCUIT COURT Judge: Vernon Cotten Disposition: The trial court affirmed the denial of unemployment benefits by the Miss. Dep't. of Employment Security. Case Number: 08-CV-160-NWC |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MARGIE BROWN |
RAY CHARLES EVANS |
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| Appellee: | MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY | LEANNE F. BRADY | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Unemployment benefits - Timeliness of appeal - Waiver of issue - Section 71-5-517 |
| Summary of the Facts: | Margie Brown was employed for four years as an overnight stocker with Wal-Mart Associates, Inc. She was discharged, according to Wal-Mart, for violating company policy regarding the length of breaks. Brown filed for unemployment benefits with the Mississippi Department of Employment Security. The claims examiner determined that Wal-Mart had not shown that Brown was discharged for misconduct connected with work. Wal-Mart appealed the claims examiner’s initial determination. The administrative law judge reversed the claims examiner’s decision and denied Brown’s claim for unemployment benefits, finding that Brown had committed disqualifying conduct for violating Wal-Mart’s break and meal policy. Brown appealed, and the MDES Board of Review affirmed. Brown appealed to circuit court which affirmed. Brown appeals. |
| Summary of Opinion Analysis: | Brown argues, for the first time, that Wal-Mart’s appeal to the ALJ from the claims examiner’s initial determination was untimely filed. This issue is procedurally barred because Brown failed to raise it in any of the proceedings below. The timeliness of an appeal from a claims examiner’s initial determination to the ALJ is nonjurisdictional under section 71-5-517, and hence, it is a waivable issue. |
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