Unemployment Appeals

All individuals desiring to appeal a decision from the Mississippi Employment Security Commission Board of Review should throughly familiarize themselves with the following rules:

Rule 5.03

1. SCOPE OF APPEALS FROM ADMINISTRATIVE AGENCIES

On appeals from administrative agencies the court will only entertain an appeal to determine if the order or judgment of the lower authority:

  1. Was supported by substantial evidence; or
  2. Was arbitrary or capricious; or
  3. Was beyond the power of the lower authority to make; or
  4. Violated some statutory or constitutional right of the complaining party

Rule 5.04

1. NOTICE OF APPEAL

The party desiring to appeal a decision from a lower court must file a written notice of appeal with the circuit court clerk. A copy of that notice must be provided to all parties or their attorneys of record and the lower court or lower authority whose order or judgment is being appealed. A certificate of service must accompany the written notice of appeal. The court clerk may not accept a notice of appeal without a certificate of service, unless so directed by the court in writing. In all appeals, whether on the record or by trial de novo, the notice of appeal and payment of costs must be simultaneously filed and paid with the circuit court clerk within thirty (30) days of the entry of the order or judgment being appealed. The timely filing of this written notice and payment of costs will perfect the appeal. The appellant may proceed in forma pauperis upon written approval of the court acting as the appellate court. The written notice of appeal must specify the party or parties taking the appeal; must designate the judgment or order from which the appeal is taken; must state if it is on the record or an appeal de novo; and must be addressed to the appropriate court.

Rule 5.06

1. BRIEFS ON APPEALS ON THE RECORD

Briefs filed in an appeal on the record must conform to the practice in the Supreme Court, including form, time of filing and service, except that the parties should file only an original and one copy of each brief. The consequences of failure to timely file a brief will be the same as in the Supreme Court.

[ Download Sample Appellant Brief ]

The following is a condensed flowchart outlining the appeals process:

  1. File notice of appeal
  2. MESC Answers and submits record and transcript
  3. Claimant/Appellant has forty days to review record and transcript and file brief
  4. MESC/Appellee has thirty days after receiving claimant’s brief to file response brief
  5. Claimant/Appellant has 14 days after receiving MESC brief to file reply brief
  6. Court reviews briefs and issues decision

***Claimant appellant must serve the MESC with copies of all filings/briefs***