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Earth City Supply LLC v. Division of Employment Security

Court of Appeals of Missouri, Western District, Fourth Division

August 15, 2017

EARTH CITY SUPPLY LLC, et al., Appellants,
v.
DIVISION OF EMPLOYMENT SECURITY, Respondent.

         Appeal from the Labor and Industrial Relations Commission

          Before Mark D. Pfeiffer, Chief Judge, and Victor C. Howard and Alok Ahuja, Judges.

          Mark D. Pfeiffer, Chief Judge.

         Earth City Supply LLC ("Earth City"), Apex Landscape LLC ("Apex"), and Phoenix Landscape Group LLC ("Phoenix") (collectively, "Appellants") appeal from rulings of the Labor and Industrial Relations Commission ("Commission"), which affirmed the Appeals Tribunal's dismissal of Appellants' appeals for failure to participate in a scheduled hearing. We affirm.

         Factual and Procedural History

         The Division of Employment Security ("Division") determined that certain named individuals were employees of Earth City. The Division also determined that Earth City was the successor to the businesses of Apex and Phoenix as provided under section 288.110 of the Missouri Employment Security Law. Additionally, the Division determined that certain named individuals were employees of Earth City at a later period of time. Greg Flerlage, manager of Earth City, requested a hearing regarding the Division's notices of successorship and of liability.

         The Division also determined that certain named individuals were employees of Phoenix. The Division determined that Earth City was Phoenix's successor pursuant to section 288.110 of the Missouri Employment Security Law. Christie Flerlage, manager of Phoenix, requested a hearing regarding the Division's notices of liability and of transfer.

         The Division further determined that certain named individuals were employees of Apex. The Division determined that Earth City was Apex's successor pursuant to section 288.110 of the Missouri Employment Security Law. Greg Flerlage, as owner of Apex, requested a hearing regarding the Division's notices of liability and of transfer.

         The Appeals Tribunal's acknowledgment letters enclosed an informational pamphlet explaining the hearing procedure. The pamphlet instructed the recipient:

ATTENDANCE
If you filed the appeal and do not attend the hearing, your appeal will be dismissed and the determination will stay the same. . . .
HEARING NOTICE
A hearing notice is mailed to each party at least seven days before the hearing. READ THE NOTICE CAREFULLY for more instructions. A copy of the appeal packet (which will be used as an exhibit in the ...

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