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Mosley v. Mississippi Department of Employment Security

Court of Appeals of Mississippi

June 13, 2017

SHANESE MOSLEY, APPELLANT
v.
MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY, APPELLEE

          DATE OF JUDGMENT: 04/29/2016

         MARSHALL COUNTY CIRCUIT COURT HON. ANDREW K. HOWORTH TRIAL JUDGE

          ATTORNEY FOR APPELLANT: SHANESE MOSLEY (PRO SE)

          ATTORNEYS FOR APPELLEE: ALBERT B. WHITE ANNA CRAIN CLEMMER

         EN BANC

          IRVING, P.J.

         ¶1. Shanese Mosley appeals the judgment of the Marshall County Circuit Court, arguing that the court erred in affirming the Mississippi Department of Employment Security's (MDES) denial of her claim for unemployment benefits.

         ¶2. Finding no error, we affirm.

         PROCEDURAL HISTORY

         ¶3. In April 2014, Mosley applied for unemployment-insurance benefits. The MDES denied her claim after determining that she had failed to meet the monetary-eligibility requirements. Specifically, MDES determined that Mosley had earned insufficient base-period[1] wages, such that her weekly benefit amount computed to an amount below the minimum weekly benefit amount required under Mississippi Code Annotated section 71-5-503 (Rev. 2011). Mosley appealed the initial decision of the MDES and was granted a hearing before an administrative law judge (AJ), who affirmed the decision of the MDES. Undeterred, Mosley then appealed to the Board of Review of the MDES, which affirmed, and then to the circuit court, which also affirmed the decision of the MDES. Mosley then appealed to the Mississippi Supreme Court.

         ¶4. While Mosley's appeal was pending before the supreme court, MDES filed a motion in the supreme court, seeking a remand of the case to the MDES, so it could consider income earned by Mosley in the State of Tennessee, which had not been considered by the MDES in its initial decision. The supreme court granted the motion, vacated the judgment of the circuit court that had affirmed the decision of the MDES, and remanded the case to the MDES for further proceedings.

         ¶5. After remand, the MDES took in consideration the income earned by Mosley in Tennessee and again ruled that she had earned insufficient base-period wages to establish a claim for unemployment benefits. Mosley again appealed the MDES's decision to the circuit court, which affirmed, leading to the current appeal.

         DISCUSSION

         ¶6. Our standard of review is succinctly addressed in Richardson v. MississippiEmployment Security ...


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