Preparation for the Unemployment Denial Appeal Process in Missouri
Discharged workers who were denied unemployment coverage in Missouri will be notified of the DES decision by a Notice of Deputy's Determination via mail. The notice will contain the reasons why petitioners had their unemployment benefits denied in MO and will explain how to appeal that decision. Note that, regardless of the level at which you are appealing, you must submit the MO unemployment denial appeal in writing within 30 days of receiving the DES determination. The division does not accept applications for review that were submitted via email or by phone. Therefore, interested UI applicants will have to either fax or mail their paper Claimant Request for Appeal form.
According to the program's rules, UI claimants will be denied unemployment benefits in Missouri if they:
- Fail to meet the program's wage requirements, which require applicants to have earned at least $2,250 during their base period.
- Left their last employment without good cause or were fired for misconduct.
- Fail to submit a complete petition for unemployment benefits.
- Do not maintain their eligibility for UI payments on a weekly basis.
After reviewing the above reasons for denial, state employees with denied unemployment payments will be able to assess their chances of winning their unemployment denial appeal. Plus, UI petitioners will learn whether or not they can present any evidentiary documents or witnesses in support of their plea. For instance, if you believe you have lost your job due to wrongful termination, you may call or subpoena witnesses that are familiar with your case in order to support it.
Note: Prior to initiating the unemployment denial appeal procedure, applicants must collect all supporting documentation and witnesses, as they may have only one chance to present their evidence.
Filing a First-Level Unemployment Denial Appeal in Missouri
The initial legal recourse for UI applicants who have had their unemployment compensation benefits denied in Missouri is to file an unemployment denial appeal with the DES Appeals Tribunal. After submitting the first-level request for reconsideration, the division will mail unemployment claimants a Notice of Hearing, which contains the details of the appeals process.
Former workers have the right to request one of the following types of hearings in Missouri:
• A telephone conference hearing
• An in-person hearing
• A split hearing
Unemployment petitioners who request a telephone hearing can either use their own phone or conduct their audit from a local Missouri Job Center. On the other hand, if an in-person hearing is requested, UI claimants must visit one of the four hearing locations throughout Missouri and present their case in person. In any case, note that the other party (your former employer) has the option to give his or her testimony via phone, if he or she chooses to do so. Such audits are known as split hearings.
After the submission of the evidence, the DES judge will hear the testimony of all interested parties and their witnesses and make a ruling based upon them. Unemployment applicants will be informed of the referee's decision by mail as soon as possible.
UI claimants who were denied unemployment benefits in Missouri must attend the hearing. Otherwise, they will be unable to present their evidence, and the DES referee will rule without considering it. However, in certain cases, you may be able to request a postponement of the hearing, which the administrative judge will grant if you provide a valid reason for the delay. Furthermore, unemployment applicants can also hire a lawyer who will assist them throughout the entire MO unemployment denial appeal process.
Filing a Second-Level Appeal for Denied Unemployment Benefits in Missouri
Dismissed workers whose initial unemployment denial appeals did not get overturned can file a request for review with the division's appeals commission. The same time constraints and filing methods that were used when filing your plea with the Appeals Tribunal apply when submitting a second-level appeal.
After reviewing the evidence that was presented during the initial hearing, three commissioners will rule on your case. Even if one of the commissioners disagrees with the decision of the other two, the ruling stands and becomes final 10 days after its announcement.