When Missouri workers lose their jobs through no fault of their own, they often are eligible to receive unemployment benefits through the Department of Labor’s Division of Employment Security. While the phrase “no fault of their own,” may seem clear on its face, determining fault can often be a difficult legal issue. Often, employers and former employees disagree about the basic facts that lead to a person’s quitting or termination, facts which are relevant to determining whether a worker is eligible for unemployment benefits. In cases where unemployment benefit eligibility is disputed, the representation of an experienced unemployment lawyer can often significantly affect the outcome of a case.
If you have already applied for unemployment benefits and been denied, all is not lost. Missouri law allows people who have been denied to appeal the deputy’s initial determination to the Division of Employment Security’s Appeals Tribunal. Both parties to the matter have the right to appeal the deputy determination within 30 days. An appeal involves either an in-person or telephone hearing which allows the parties to present evidence that the deputy made an incorrect determination regarding the denial or approval of benefits. These hearings are extremely important, as they are the only opportunity that the parties have to present evidence on their behalf.
While the rules of evidence do not strictly apply in an unemployment appeal hearing, there must still be sufficient evidence on the record to support the tribunal’s ultimate determination. The tribunal is allowed to help the parties present their cases, and has the right to question all witnesses. Because these are legal proceedings, the assistance of an attorney can be extremely helpful. Some of the ways an attorney can help include:
- Collecting and presenting evidence on your behalf
- Questioning witnesses
- Ensuring that your appeal is correctly filed
- Making sure that you legal rights are protected during the hearing
Contact a St. Louis unemployment lawyer today to schedule a free consultation
Whether you are a former employee seeking benefits or en employer protesting benefits, you should retain a St. Louis unemployment attorney immediately. To schedule a free consultation with Missouri unemployment lawyer Kenneth P. Carp, call our office today at (314) 942-3005.