Herring Gas Co. v. Mississippi Employment Security Commission

OPINION ON MOTION FOR REHEARING

SOUTHWICK, J., for the Court.

¶ 1. Herring Gas Company, Inc. appeals the Circuit Court of Jones County’s judgment affirming the decision of the Mississippi Employment Security Commission1 that Herring’s appeal was untimely pursuant to Mississippi Code Annotated § 71-5-517 (Rev.2000). On rehearing we conclude that the issue was not properly determined by the Department. We therefore grant the motion for rehearing and withdraw our prior opinion. The judgment is reversed and remanded.

FACTS

¶ 2. Patsy Kouches was employed for approximately eleven months as a secretary…