Fill and Sign the Ms Appeal Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       APPELLANT V. CIVIL ACTION NO.             APPELLEE PETITION TO APPEAL       BOARD OF REVIEW DECISION COMES NOW the Appellant,       (hereinafter "       "), petitioning this Court to review and reverse the       , 20       , Decision by the Board of Review of the       granting       unemployment compensation. In support of this Petition,       would show: 1. The       is an agency of the State of Mississippi created by statute. Process may be served via United States Mail on the Commission by serving the Executive Director,       ,       ,       , Mississippi       . Service upon the       is deemed completed service on all parties provided that       serves upon the       a copy of the petition for each defendant. Accordingly, plaintiff has served this petition on the       with one (1) additional copy for defendant       . It is the       's responsibility to mail one (1) such copy to defendant       pursuant to Miss. Code Ann. Section 71 - 5 - 531 (Law. Co - op. 1989).       resides at       ,       , Mississippi,       . 2.       is a       Corporation which operates a manufacturing plant on       in       , Mississippi. 3. This Court is a proper venue for this action because       operates a manufacturing plant in       County, and       may commence this action in       County Circuit Court, pursuant to Miss. Code Ann. Section 71 - 5 - 531 (Law. Co - op. 1989). 4. This Court has subject matter jurisdiction and possesses the authority to review the decision of the       Board of Review pursuant to Miss. Code Ann. Section 71 - 5 - 531 (Law. Co - op. 1989). 5.       has filed all objections to the claim of       timely, and has filed all appeals timely.       has exhausted its administrative remedies before the       and is entitled to appeal the decision of the Board of Review of the       to this Court pursuant to Miss. Code Ann. Section 71 - 5 - 531 (Law. Co - op. 1989). 6.       filed his/her initial claim for benefits effective       , 20       . 7. On       ,       , the Claims Examiner disqualified       for benefits under Miss. Code Ann. Section 71 - 5 - 513 A(l) (b) (Law. Co - op. 1989), on the basis that       discharged       for misconduct connected with his/her work. 8.       appealed that determination on or about       , 20       . 9. On       , 20       ,       Appeals Referee       , held a hearing at which       and       appeared. One independent witness also appeared and testified. 10. On       , 20       , the Appeals Referee reversed the decision of the Claims Examiner. A copy of the Opinion is attached hereto as Exhibit "       ." 11. On or about       ,       ,       appealed the decision of the Appeals Referee to the Board of Review and attached an affidavit of       for the Board's consideration. A copy of the affidavit is attached as Exhibit "       ". 12. On       ,       ,       submitted the deposition of       for the Board's consideration.       's deposition testimony implicated       in clear misconduct. A copy of the deposition is attached hereto as Exhibit "       ." 13. On       , 20       ,       's counsel sent a letter to the       requesting that the Board consider       (       ) depositions of       in addition to his/her affidavit. Counsel also requested that the Board exclude the deposition testimony of       as "irrelevant." A copy of the letter is attached hereto as exhibit "       ." 14. On       , 20       , the Board of Review rendered a decision adopting the Findings of Fact and Opinion of the Referee and affirmed his/her decision to reverse the Claims Examiner. A copy of the Board's decision is attached hereto as Exhibit "       ." The decision does not describe the evidence relied upon. 15. The       Appeals Referee and Board of Review erred in allowing the claim of       , Social Security No.       . The decision is contrary to the facts and law. Specifically, the Board of Review's decision that       did not discharge       for picket line misconduct is not supported by substantial evidence. Further, it appears that the Board of Review erroneously failed to consider the affidavit of       and the deposition testimony of       . WHEREFORE, PREMISES CONSIDERED,       respectfully requests this Court to review the transcript of the proceedings before the       and to reverse the decision of the Commission and deny       unemployment compensation. RESPECTFULLY SUBMITTED, this the       day of       , 20       . _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for       CERTIFICATE OF SERVICE I,       , do hereby certify that I have this day caused the foregoing Complaint and one (1) copy to be mailed, via U.S. First Class Mail) to       ,       ,       , Mississippi       . THIS the       day of       , 20       . __________________________________________