HOW TO HANDLE UNEMPLOYMENT CLAIMS

HOW TO HANDLE UNEMPLOYMENT CLAIMS

PRESENTED BY

ALICE A. BARTLETT

Labor & Industrial Relations Commissioner

Employer Representative

Department of Labor and Industrial Relations

REASONS EMPLOYERS LOSTREASONS EMPLOYERS LOST

A THREE MONTH REVIEW OF A THREE MONTH REVIEW OF REASONS EMPLOYERS LOST CLAIMS:REASONS EMPLOYERS LOST CLAIMS:

1.1. DID NOT CALL IN TELE NUMBER - 36DID NOT CALL IN TELE NUMBER - 362.2. BURDEN OF PROOF – DRUG CASES - 13 BURDEN OF PROOF – DRUG CASES - 13 3.3. DID NOT PARTICIPATE IN TELE HEARING - DID NOT PARTICIPATE IN TELE HEARING -

51514.4. CELL PHONE PROBLEM - 2CELL PHONE PROBLEM - 25.5. LATE APPEAL - 5LATE APPEAL - 56.6. BURDEN OF PROOF - 71 BURDEN OF PROOF - 71 7.7. DID NOT HAVE CORRECT WITNESSES - 17 DID NOT HAVE CORRECT WITNESSES - 17

TOTAL CASES LOST THAT MIGHT TOTAL CASES LOST THAT MIGHT HAVE BEEN WON WERE HAVE BEEN WON WERE 195195

ES DISCLAIMERES DISCLAIMER

EACH UNEMPLOYMENT CASE IS EACH UNEMPLOYMENT CASE IS FACT SPECIFIC. THE FACT SPECIFIC. THE INTERPRETATION OF THE LAW AND INTERPRETATION OF THE LAW AND ANY CHANGES IN THE LAW WILL BE ANY CHANGES IN THE LAW WILL BE DETERMINED BY THE REFEREE, DETERMINED BY THE REFEREE, LABOR AND INDUSTRIAL RELATIONS LABOR AND INDUSTRIAL RELATIONS COMMISSION OR THE APPELLATE COMMISSION OR THE APPELLATE COURTS OF THE STATE BASED COURTS OF THE STATE BASED UPON THE ISSUES AND EVIDENCE UPON THE ISSUES AND EVIDENCE PRESENTED.PRESENTED.

WHO PAYS FOR WHO PAYS FOR UNEMPLOYMENTUNEMPLOYMENT

IN MISSOURI, IN MISSOURI, UNEMPLOYMENT UNEMPLOYMENT

INSURANCE IS PAID INSURANCE IS PAID ENTIRELY BY EMPLOYERS ENTIRELY BY EMPLOYERS WHO ARE DETERMINED WHO ARE DETERMINED

LIABLE BASED ON LIABLE BASED ON MISSOURI EMPLOYMENT MISSOURI EMPLOYMENT

SECURITY STATUTES.SECURITY STATUTES.

WHO CAN COLLECT WHO CAN COLLECT UNEMPLOYMENTUNEMPLOYMENT

A PERSON MUST HAVE WORKED IN A PERSON MUST HAVE WORKED IN COVERED EMPLOYMENT AND EARNED COVERED EMPLOYMENT AND EARNED CERTAIN QUALIFYING WAGES TO BE CERTAIN QUALIFYING WAGES TO BE ENTITLED TO ANY UNEMPLOYMENT ENTITLED TO ANY UNEMPLOYMENT INSURANCE BENEFITS. A SEPARATE INSURANCE BENEFITS. A SEPARATE RECORD IS KEPT OF EACH WORKER'S RECORD IS KEPT OF EACH WORKER'S WAGES AS REPORTED BY HIS OR HER WAGES AS REPORTED BY HIS OR HER EMPLOYERS ON QUARTERLY EMPLOYERS ON QUARTERLY CONTRIBUTION AND WAGE REPORTS. CONTRIBUTION AND WAGE REPORTS.

EMPLOYER ADDRESSEMPLOYER ADDRESSQUITE FREQUENTLY EMPLOYERS DO

NOT RECEIVE INFORMATION REGARDING DEPUTY AND APPEAL REFEREE DECISIONS.

DES ALREADY HAS A BASE PERIOD

ADDRESS ON FILE FOR EMPLOYERS AND ALL BASE PERIOD CLAIMS AND NOTICES GO TO THAT ADDRESS.

LAST EMPLOYER NOTICES GO TO THE ADDRESS PROVIDED BY THE CLAIMANT.

EMPLOYER ADDRESSEMPLOYER ADDRESSYOU MUST NOTIFY DES IN WRITING (ON

LETTERHEAD) OF ANY CHANGE OF ADDRESS FOR CLAIMS AT:

DIVISION OF EMPLOYMENT SECURITYDIVISION OF EMPLOYMENT SECURITYATTN: LIABILITY UNITATTN: LIABILITY UNIT

P. O. BOX 59P. O. BOX 59JEFFERSON CITY, MO 65104-0059JEFFERSON CITY, MO 65104-0059

FOR ALL UNEMPLOYMENT INFORMATION (EXCEPT APPEALS) CALL CHERYL MEISTER AT 573-751-3331

EMPLOYER ADDRESSEMPLOYER ADDRESS YOU CAN ALSO NOTIFY THE APPEALS

SECTION OF DES IN WRITING ( ON LETTERHEAD) OF THE ADDRESS YOU WANT USED SPECIFICALLY DURING THE APPEALS PROCESS. CHANGES SHOULD BE SENT TO:

DIVISION OF EMPLOYMENT SECURITYDIVISION OF EMPLOYMENT SECURITYATTN: SUSAN POETTGEN ATTN: SUSAN POETTGEN

P. O. Box 59P. O. Box 59 Jefferson City, MO 65104-0059Jefferson City, MO 65104-0059

EMPLOYER ADDRESSEMPLOYER ADDRESS IF YOU DO NOT RECEIVE A

DIVISION COMMUNICATION, IT COULD BE CONSIDERED GOOD CAUSE FOR FILING LATE TO THE PROTEST OF THE INITIAL CLAIM OR DEPUTY DETERMINATION.

YOU NEED TO INFORM THE DIVISION, VERBALLY AND IN WRITING, AS SOON AS YOU KNOW THAT YOU DID NOT RECEIVE THE NOTICE.

IMPORTANT TIME LIMITSIMPORTANT TIME LIMITSIf the last day of the appeal period falls on a Saturday, Sunday If the last day of the appeal period falls on a Saturday, Sunday

or legal holiday – next business day is considered timelyor legal holiday – next business day is considered timely

PROTEST A CLAIMPROTEST A CLAIM – (10 CALENDAR DAYS) ALWAYS – (10 CALENDAR DAYS) ALWAYS INCLUDE EMPLOYER ACCOUNT OR FEDERAL ID INCLUDE EMPLOYER ACCOUNT OR FEDERAL ID NUMBER ON YOUR PROTESTNUMBER ON YOUR PROTEST

APPEAL A DETERMINATIONAPPEAL A DETERMINATION (30 CALENDAR DAYS) (30 CALENDAR DAYS)

APPEAL REFEREE’S DECISIONAPPEAL REFEREE’S DECISION TO LABOR AND TO LABOR AND INDUSTRIAL RELATIONS COMMISSION (30 INDUSTRIAL RELATIONS COMMISSION (30 CALENDAR DAYS)CALENDAR DAYS)

APPEAL LABOR AND INDUSTRIAL RELATIONS APPEAL LABOR AND INDUSTRIAL RELATIONS COMMISSION DECISIONCOMMISSION DECISION TO COURT OF APPEALS (30 TO COURT OF APPEALS (30 CALENDAR DAYS)CALENDAR DAYS)

KNOW WHICH CLAIMS TO KNOW WHICH CLAIMS TO FIGHTFIGHT

THE PURPOSE OF UNEMPLOYMENT THE PURPOSE OF UNEMPLOYMENT COMPENSATION IS TO ASSIST THOSE COMPENSATION IS TO ASSIST THOSE EMPLOYEES WHO LOSE THEIR JOBS EMPLOYEES WHO LOSE THEIR JOBS THROUGH NO FAULT OF THEIR OWN THROUGH NO FAULT OF THEIR OWN UNTIL THEY CAN SECURE NEW WORK.UNTIL THEY CAN SECURE NEW WORK.

FOR EXAMPLE, IF YOU LAY AN EMPLOYEE FOR EXAMPLE, IF YOU LAY AN EMPLOYEE OFF DUE TO LACK OF WORK OR OFF DUE TO LACK OF WORK OR DOWNSIZING OR CLOSING OF THE DOWNSIZING OR CLOSING OF THE BUSINESS, THEY WILL PROBABLY BUSINESS, THEY WILL PROBABLY RECEIVE UNEMPLOYMENT AND YOU ARE RECEIVE UNEMPLOYMENT AND YOU ARE WASTING YOUR TIME AND THE DES’S WASTING YOUR TIME AND THE DES’S TIME WHEN YOU APPEAL THESE CLAIMS.TIME WHEN YOU APPEAL THESE CLAIMS.

OCCASIONS WHEN ACCOUNT OCCASIONS WHEN ACCOUNT IS ALREADY PROTECTED IS ALREADY PROTECTED

YOUR ACCOUNT WON’T BE YOUR ACCOUNT WON’T BE CHARGED IF THE CLAIMANT:CHARGED IF THE CLAIMANT:

EARNED $400 OR LESS IN YOUR EARNED $400 OR LESS IN YOUR EMPLOYEMPLOY

WORKED FOR YOU 28 CALENDAR WORKED FOR YOU 28 CALENDAR DAYS (OR LESS) AND WAS DAYS (OR LESS) AND WAS PROPERLY REPORTED AS A PROPERLY REPORTED AS A PROBATIONARY EMPLOYEE (P) ON PROBATIONARY EMPLOYEE (P) ON THE QUARTERLY DES TAX REPORTTHE QUARTERLY DES TAX REPORT

OCCASIONS WHEN ACCOUNT OCCASIONS WHEN ACCOUNT IS ALREADY PROTECTED IS ALREADY PROTECTED

OR IF YOU WON A DISQUALIFYING ISSUE AND OR IF YOU WON A DISQUALIFYING ISSUE AND THE EMPLOYEE FILES ANOTHER CLAIM ON THE EMPLOYEE FILES ANOTHER CLAIM ON YOUR ACCOUNT THAT AFFECTS THE SAME YOUR ACCOUNT THAT AFFECTS THE SAME BENEFIT YEAR.BENEFIT YEAR.

UNLESS YOU FIT INTO ONE OF THESE UNLESS YOU FIT INTO ONE OF THESE EXCEPTIONS, EACH TIME A CLAIMANT IS PAID EXCEPTIONS, EACH TIME A CLAIMANT IS PAID UNEMPLOYMENT YOUR ACCOUNT WILL BE UNEMPLOYMENT YOUR ACCOUNT WILL BE NEGATIVELY IMPACTED BY THAT PAYOUT. TO NEGATIVELY IMPACTED BY THAT PAYOUT. TO PROTECT YOUR ACCOUNT YOU NEED TO PROTECT YOUR ACCOUNT YOU NEED TO APPEAL THOSE CLAIMS THAT ARE NOT VALID.APPEAL THOSE CLAIMS THAT ARE NOT VALID.

NOTE:NOTE: REIMBURSING EMPLOYERS DO NOT REIMBURSING EMPLOYERS DO NOT ENJOY THESE SAME PROTECTIONS.ENJOY THESE SAME PROTECTIONS.

BASE PERIOD EMPLOYERBASE PERIOD EMPLOYER

TO BE CHARGED FOR BENEFITS TO BE CHARGED FOR BENEFITS YOU MUST HAVE PAID WAGES YOU MUST HAVE PAID WAGES DURING THE BASE PERIOD. DURING THE BASE PERIOD. WAGES PAID DURING THE BASE WAGES PAID DURING THE BASE PERIOD DETERMINE THE PERIOD DETERMINE THE CLAIMANT’S WEEKLY AND CLAIMANT’S WEEKLY AND MAXIMUM BENEFIT AMOUNTS. MAXIMUM BENEFIT AMOUNTS. THE BASE PERIOD IS THE FIRST THE BASE PERIOD IS THE FIRST FOUR QUARTERS OF THE LAST FOUR QUARTERS OF THE LAST FIVE COMPLETED QUARTERS FIVE COMPLETED QUARTERS PRECEDING AN INITIAL CLAIM FOR PRECEDING AN INITIAL CLAIM FOR BENEFITS.BENEFITS.

BASE PERIOD EMPLOYERBASE PERIOD EMPLOYERFOR EXAMPLE, CLAIMANT FILES CLAIM JULY 5, 2007.

THE LAST FIVE COMPLETED QUARTERS ARE

APR-JUN 2006 JUL-SEP 2006 OCT-DEC 2006 JAN-MAR 2007 AND APR-JUN 2007.

THE FIRST FOUR QUARTERS THAT WILL BE USED TO DETERMINE BENEFITS ARE:

APR-JUN 2006 JUL-SEP 2006 OCT-DEC 2006 AND JAN-MAR 2007.

KNOW WHICH CLAIMS TO KNOW WHICH CLAIMS TO FIGHTFIGHT

FIGHT CLAIMS IF YOU BELIEVE THE FIGHT CLAIMS IF YOU BELIEVE THE CLAIMANT: CLAIMANT: QUIT WITHOUT GOOD CAUSE ATTRIBUTABLE QUIT WITHOUT GOOD CAUSE ATTRIBUTABLE

TO THE WORK OR THE EMPLOYERTO THE WORK OR THE EMPLOYER

FIRED FOR MISCONDUCT CONNECTED TO FIRED FOR MISCONDUCT CONNECTED TO THE WORKTHE WORK

REFUSED WORK OR NOT AVAILABLE FOR REFUSED WORK OR NOT AVAILABLE FOR WORKWORK

UNABLE TO WORK – FOR EXAMPLE, UNABLE TO WORK – FOR EXAMPLE, PERSONAL ILLNESS OR GOING TO SCHOOL.PERSONAL ILLNESS OR GOING TO SCHOOL.

RECEIVING EMPLOYER FUNDED PENSION, RECEIVING EMPLOYER FUNDED PENSION, VACATION OR ‘VACATION OR ‘WARN’WARN’ PAY, OR PAY, OR UNDISCLOSED WAGES.UNDISCLOSED WAGES.

PROTESTING A CLAIMPROTESTING A CLAIM IF YOU PLAN TO PROTEST A CLAIM HAVE GOOD IF YOU PLAN TO PROTEST A CLAIM HAVE GOOD

DOCUMENTATION OF THE EVENT THAT CAUSED DOCUMENTATION OF THE EVENT THAT CAUSED THE SEPARATION OF THE EMPLOYMENT.THE SEPARATION OF THE EMPLOYMENT.

REMEMBER YOU ONLY HAVE 10 DAYS TO REMEMBER YOU ONLY HAVE 10 DAYS TO PROTEST A CLAIM S0 FILE PAPERWORK PROTEST A CLAIM S0 FILE PAPERWORK IMMEDIATELY.IMMEDIATELY.

YOU SHOULD WRITE YOUR PROTEST YOU SHOULD WRITE YOUR PROTEST INFORMATION ON THE BACK OF THE NOTICE INFORMATION ON THE BACK OF THE NOTICE TO BASE PERIOD OR LAST EMPLOYER OR TO BASE PERIOD OR LAST EMPLOYER OR RENEWAL FORM AND MAIL AND/OR FAX TO RENEWAL FORM AND MAIL AND/OR FAX TO THE ADDRESS AND/OR FAX NUMBER ON THE THE ADDRESS AND/OR FAX NUMBER ON THE TOP RIGHT HAND CORNER. BE SURE TO KEEP TOP RIGHT HAND CORNER. BE SURE TO KEEP COPY THAT YOU DATE AND SIGN VERIFYING COPY THAT YOU DATE AND SIGN VERIFYING WHEN YOU RESPONDED, OR BETTER YET COPY WHEN YOU RESPONDED, OR BETTER YET COPY OF FAX RECORD SHOWING DATE OR PROOF OF OF FAX RECORD SHOWING DATE OR PROOF OF MAILING.MAILING.

PROTESTING A CLAIMPROTESTING A CLAIM WHEN YOU FILE YOUR PROTEST, LIST EACH AND WHEN YOU FILE YOUR PROTEST, LIST EACH AND

EVERY ISSUE RELATED TO THE UNEMPLOYMENT EVERY ISSUE RELATED TO THE UNEMPLOYMENT CLAIM. ISSUES MUST BE ADDRESSED IN THE CLAIM. ISSUES MUST BE ADDRESSED IN THE PROTEST TO BE CONSIDERED. PROTEST TO BE CONSIDERED.

SEND IN ALL DATA TO BACK UP YOUR CLAIM AS SEND IN ALL DATA TO BACK UP YOUR CLAIM AS TO WHY THE CLAIMANT SHOULD BE DENIED TO WHY THE CLAIMANT SHOULD BE DENIED UNEMPLOYMENT. UNEMPLOYMENT. ALSO NUMBER THE PAGES OF THE DOCUMENTATION (OR EXHIBITS) …. 1. 2. 3.

THIS WILL ASSIST THE DEPUTY IN MAKING A THIS WILL ASSIST THE DEPUTY IN MAKING A DECISION AND MAY REDUCE THE CHANCES DECISION AND MAY REDUCE THE CHANCES THAT THE CLAIMANT WILL APPEAL THE THAT THE CLAIMANT WILL APPEAL THE DECISION.DECISION.

PROTESTING A CLAIMPROTESTING A CLAIMEVEN IF YOU DON’T OBJECT TO A EVEN IF YOU DON’T OBJECT TO A

CLAIMANT’S RECEIPT OF BENEFITS, CLAIMANT’S RECEIPT OF BENEFITS, PROVIDE THE DATES AND WAGE PROVIDE THE DATES AND WAGE INFORMATION REQUESTED ANDINFORMATION REQUESTED AND

REQUEST NOTICE IF THE CLAIMANT REQUEST NOTICE IF THE CLAIMANT RENEWS THE CLAIM DURING THE YEAR.RENEWS THE CLAIM DURING THE YEAR.

PARENT AND AFFILIATE COMPANIES - PARENT AND AFFILIATE COMPANIES - BE VERY CAREFUL THAT RESPONSES BE VERY CAREFUL THAT RESPONSES COME FROM THE APPROPRIATE ENTITY COME FROM THE APPROPRIATE ENTITY AND ACCOUNT NUMBER.AND ACCOUNT NUMBER.

PROTESTING A CLAIMPROTESTING A CLAIMYOU MAY RECEIVE A CALL FROM YOU MAY RECEIVE A CALL FROM

A DEPUTY ASKING YOU FOR A DEPUTY ASKING YOU FOR ADDITIONAL INFORMATION. BE ADDITIONAL INFORMATION. BE SURE TO ANSWER ALL SURE TO ANSWER ALL QUESTIONS TO THE BEST OF QUESTIONS TO THE BEST OF YOUR ABILITY. REMEMBER THE YOUR ABILITY. REMEMBER THE DEPUTY MAY HAVE ALREADY DEPUTY MAY HAVE ALREADY TALKED WITH THE CLAIMANT TALKED WITH THE CLAIMANT WHO HAS GIVEN THEM A WHO HAS GIVEN THEM A DIFFERENT REASON FOR NO DIFFERENT REASON FOR NO LONGER BEING EMPLOYEDLONGER BEING EMPLOYED.

WHEN A DEPUTY AWARDS WHEN A DEPUTY AWARDS BENEFITS TO A CLAIMANTBENEFITS TO A CLAIMANT

IF YOU RECEIVE AN UNFAVORABLE IF YOU RECEIVE AN UNFAVORABLE DETERMINATION FROM A DEPUTY YOU HAVE DETERMINATION FROM A DEPUTY YOU HAVE THE RIGHT TO APPEAL THAT DETERMINATION THE RIGHT TO APPEAL THAT DETERMINATION IF YOU FILED A TIMELY PROTESTIF YOU FILED A TIMELY PROTEST..

THE APPEAL THE APPEAL MUST BE FILED WITHIN 30 MUST BE FILED WITHIN 30 DAYSDAYS OF THE DECISION AND SENT TO: OF THE DECISION AND SENT TO:

DIVISION OF EMPLOYMENT SECURITYDIVISION OF EMPLOYMENT SECURITYATTN: APPEALS SECTIONATTN: APPEALS SECTION

P. O. Box 59P. O. Box 59 Jefferson City, MO 65104-0059Jefferson City, MO 65104-0059

AND BE SURE TO PHYSICALLY SIGN IT!

WHEN A DEPUTY AWARDS WHEN A DEPUTY AWARDS BENEFITS TO A CLAIMANTBENEFITS TO A CLAIMANT

WHEN YOU FILE YOUR APPEAL WHEN YOU FILE YOUR APPEAL ADVISE DES OF ANY DATES FOR ADVISE DES OF ANY DATES FOR THE NEXT COUPLE OF MONTHS THE NEXT COUPLE OF MONTHS THAT YOU, OR ANY WITNESSES THAT YOU, OR ANY WITNESSES YOU PLAN TO CALL, ARE NOT YOU PLAN TO CALL, ARE NOT AVAILABLE FOR A HEARING.AVAILABLE FOR A HEARING.

THIS WILL AVOID HAVING TO THIS WILL AVOID HAVING TO POSTPONE A HEARING.POSTPONE A HEARING.

NOTICE OF TELEPHONE NOTICE OF TELEPHONE HEARINGHEARING

DES WILL SEND YOU A NOTICE OF THE DES WILL SEND YOU A NOTICE OF THE TELEPHONE HEARING.TELEPHONE HEARING.

IF FOR SOME REASON THE HEARING DATE IF FOR SOME REASON THE HEARING DATE WILL NOT WORK FOR YOU, YOU MUST CALL WILL NOT WORK FOR YOU, YOU MUST CALL DES AND REQUEST A POSTPONEMENT AS DES AND REQUEST A POSTPONEMENT AS SOON AS POSSIBLE SOON AS POSSIBLE PRIORPRIOR TO THE HEARING. TO THE HEARING.

CURRENTLY THE EMPLOYER MUST HAVE CURRENTLY THE EMPLOYER MUST HAVE GOOD CAUSE TO CHANGE THE HEARING GOOD CAUSE TO CHANGE THE HEARING DATE. GOOD CAUSE IS DETERMINED BY THE DATE. GOOD CAUSE IS DETERMINED BY THE REFEREE. IT MUST BE A CIRCUMSTANCE REFEREE. IT MUST BE A CIRCUMSTANCE BEYOND YOUR CONTROL AND CAUSE UNDUE BEYOND YOUR CONTROL AND CAUSE UNDUE HARDSHIP.HARDSHIP.


IF YOU MISS THE HEARING THE IF YOU MISS THE HEARING THE APPEALS REFEREE WILL EITHER MAKE APPEALS REFEREE WILL EITHER MAKE A DECISION BASED SOLELY ON A DECISION BASED SOLELY ON EVIDENCE FROM THE CLAIMANT IF HE EVIDENCE FROM THE CLAIMANT IF HE OR SHE PARTICIPATED AND WAS THE OR SHE PARTICIPATED AND WAS THE PARTY WHO FILED THE APPEAL, OR PARTY WHO FILED THE APPEAL, OR DISMISS THE APPEAL IF IT WAS THE DISMISS THE APPEAL IF IT WAS THE EMPLOYER’S APPEAL.EMPLOYER’S APPEAL.

EITHER EMPLOYER OR CLAIMANT MAY EITHER EMPLOYER OR CLAIMANT MAY REQUEST “RECONSIDERATION” FOR A REQUEST “RECONSIDERATION” FOR A MISSED HEARING. MISSED HEARING.


IF RECONSIDERATION IS NOT IF RECONSIDERATION IS NOT GRANTED, THE DIVISION WILL GRANTED, THE DIVISION WILL SEND THE MATTER TO THE SEND THE MATTER TO THE COMMISSION.COMMISSION.

THE COMMISSION HAS THE THE COMMISSION HAS THE POWER TO REMAND THE POWER TO REMAND THE MATTER FOR ANOTHER MATTER FOR ANOTHER HEARING.HEARING.


ALSO WHEN YOU RECEIVE THE ALSO WHEN YOU RECEIVE THE NOTICE OF TELEPHONE HEARING BE NOTICE OF TELEPHONE HEARING BE SURE TO READ SURE TO READ ALLALL OF THE OF THE INSTRUCTIONS ON THE NOTICE AND INSTRUCTIONS ON THE NOTICE AND NOTE THE FOLLOWING:NOTE THE FOLLOWING:

MOST IMPORTANTMOST IMPORTANT – CALL IN THE – CALL IN THE TELEPHONE NUMBER WHERE YOU TELEPHONE NUMBER WHERE YOU CAN BE REACHED FOR THE CAN BE REACHED FOR THE HEARING.HEARING.

NUMBER YOU CALL IS 877-881-9162 NUMBER YOU CALL IS 877-881-9162

CELL PHONESCELL PHONESYOU MAY CALL IN A CELL PHONE

NUMBER FOR THE HEARING. THIS COULD BE ESPECIALLY IMPORTANT IF YOU ARE A SMALL BUSINESS OWNER AND HAVE ONLY ONE PHONE LINE INTO THE BUSINESS.

HOWEVER, KEEP IN MIND THAT IF YOU ARE DISCONNECTED THE REFEREE MAY NOT CALL YOU BACK.

NOTICE OF TELEPHONE NOTICE OF TELEPHONE HEARINGHEARINGWHEN YOU CALL IN YOUR TELEPHONE WHEN YOU CALL IN YOUR TELEPHONE

NUMBER ALSO PROVIDE THE NAMES AND NUMBER ALSO PROVIDE THE NAMES AND TELEPHONE NUMBERS OF THE COMPANY TELEPHONE NUMBERS OF THE COMPANY REPRESENTATIVE,REPRESENTATIVE,

AND ANY WITNESSES WHO HAVE AND ANY WITNESSES WHO HAVE AGREED TO PARTICIPATE IN THE AGREED TO PARTICIPATE IN THE HEARING AND ESPECIALLY THOSE WHO HEARING AND ESPECIALLY THOSE WHO HAVE HAVE DIRECT KNOWLEDGEDIRECT KNOWLEDGE OF THE OF THE EVENT. FOR EXAMPLE, THE CLAIMANT’S EVENT. FOR EXAMPLE, THE CLAIMANT’S SUPERVISOR WHO HAS FIRST-HAND SUPERVISOR WHO HAS FIRST-HAND TESTIMONY OF WHAT HAPPENED AND TESTIMONY OF WHAT HAPPENED AND WHY THE CLAIMANT IS NO LONGER WHY THE CLAIMANT IS NO LONGER EMPLOYED.EMPLOYED.


REMEMBER – ANY EMPLOYEE CAN REMEMBER – ANY EMPLOYEE CAN TESTIFY BUT TO “REPRESENT” THE TESTIFY BUT TO “REPRESENT” THE COMPANY YOU MUST BE A FULL TIME COMPANY YOU MUST BE A FULL TIME SUPERVISORY EMPLOYEE, MANAGER, OR SUPERVISORY EMPLOYEE, MANAGER, OR CORPORATE OFFICER OF THE EMPLOYING CORPORATE OFFICER OF THE EMPLOYING COMPANY.COMPANY.

IF THERE IS A PARENT COMPANY BE SURE IF THERE IS A PARENT COMPANY BE SURE TO HAVE SOMEONE FROM THE ENTITY TO HAVE SOMEONE FROM THE ENTITY WHICH FILED THE PROTEST AND APPEAL WHICH FILED THE PROTEST AND APPEAL PARTICIPATE.PARTICIPATE.

IF YOU LIST SOMEONE AS AN OBSERVER IF YOU LIST SOMEONE AS AN OBSERVER THEY CAN THEY CAN ONLY LISTENONLY LISTEN AND CANNOT AND CANNOT OFFER TESTIMONY OR ANSWER ANY OFFER TESTIMONY OR ANSWER ANY QUESTIONS DURING THE HEARING.QUESTIONS DURING THE HEARING.

NOTICE OF TELEPHONE NOTICE OF TELEPHONE HEARINGHEARING PRIOR TO YOUR TELEPHONE HEARING YOU PRIOR TO YOUR TELEPHONE HEARING YOU

WILL RECEIVE A “PRIMARY PACKET” FROM WILL RECEIVE A “PRIMARY PACKET” FROM DES. THE PACKET CONTAINS INFORMATION DES. THE PACKET CONTAINS INFORMATION AND DOCUMENTS SUBMITTED BY THE AND DOCUMENTS SUBMITTED BY THE EMPLOYER AND THE CLAIMANT, AND EMPLOYER AND THE CLAIMANT, AND INFORMATION USED BY THE DEPUTY TO MAKE INFORMATION USED BY THE DEPUTY TO MAKE THE INITIAL DETERMINATION.THE INITIAL DETERMINATION.

AT THE HEARING THE REFEREE WILL HAVE THE AT THE HEARING THE REFEREE WILL HAVE THE PACKET AND WILL ASK BOTH PARTIES IF THEY PACKET AND WILL ASK BOTH PARTIES IF THEY HAVE RECEIVED IT. IF THERE IS ANY HAVE RECEIVED IT. IF THERE IS ANY DOCUMENT IN THE PACKET THAT IS DOCUMENT IN THE PACKET THAT IS IMPORTANT TO YOUR CASE BE SURE TO BRING IMPORTANT TO YOUR CASE BE SURE TO BRING IT TO THE ATTENTION OF THE REFEREE BY IT TO THE ATTENTION OF THE REFEREE BY REFERRING TO THE PAGE NUMBER AND HOW REFERRING TO THE PAGE NUMBER AND HOW IT APPLIES TO YOUR CASE. IT APPLIES TO YOUR CASE.


PRIOR TO THE HEARING, BUT AFTER PRIOR TO THE HEARING, BUT AFTER RECEIVING NOTICE OF THE HEARING, RECEIVING NOTICE OF THE HEARING, YOU MUST SEND TO YOU MUST SEND TO BOTH THE CLAIMANT BOTH THE CLAIMANT AND THE REFEREEAND THE REFEREE ANY DOCUMENTS YOU ANY DOCUMENTS YOU WANT INTRODUCED AS EVIDENCE THAT WANT INTRODUCED AS EVIDENCE THAT ARE NOT PART OF THE PRIMARY PACKET.ARE NOT PART OF THE PRIMARY PACKET.

BE SURE TO HAVE DOCUMENTATION BE SURE TO HAVE DOCUMENTATION THAT THESE DOCUMENTS WERE SENT THAT THESE DOCUMENTS WERE SENT PRIOR TO THE HEARING. TRACKING PRIOR TO THE HEARING. TRACKING INFORMATION THAT CAN BE PROVIDED INFORMATION THAT CAN BE PROVIDED TO THE REFEREE SHOWS GOOD FAITH TO THE REFEREE SHOWS GOOD FAITH EFFORT IN GETTING THE INFORMATION EFFORT IN GETTING THE INFORMATION TO THE CLAIMANT.TO THE CLAIMANT.

POSTPONED OR CONTINUED POSTPONED OR CONTINUED TELEPHONE HEARINGTELEPHONE HEARING

IF YOUR HEARING WAS POSTPONED AND HAS BEEN IF YOUR HEARING WAS POSTPONED AND HAS BEEN RESCHEDULED, OR THE HEARING HAS BEEN RESCHEDULED, OR THE HEARING HAS BEEN CONTINUED YOU MUST:CONTINUED YOU MUST:

CALL IN YOUR TELEPHONE NUMBER CALL IN YOUR TELEPHONE NUMBER AGAINAGAIN. . FAILURE TO DO SO MEANS YOU WILL NOT BE FAILURE TO DO SO MEANS YOU WILL NOT BE CALLED FOR THE HEARING.CALLED FOR THE HEARING.

PROVIDE WITNESS NAMES AND TELEPHONE PROVIDE WITNESS NAMES AND TELEPHONE NUMBERS NUMBERS EACH TIMEEACH TIME..

IF A HEARING IS RESCHEDULED YOU MUST IF A HEARING IS RESCHEDULED YOU MUST RESEND RESEND ANY DOCUMENTS YOU WANT ANY DOCUMENTS YOU WANT INTRODUCED INTO EVIDENCE.INTRODUCED INTO EVIDENCE.

IF THE HEARING IS BEGUN AND THEN IF THE HEARING IS BEGUN AND THEN CONTINUED, YOU DO NOT HAVE TO RESEND THE CONTINUED, YOU DO NOT HAVE TO RESEND THE DOCUMENTS.DOCUMENTS.

IN PERSON HEARINGIN PERSON HEARING

IF A CLAIMANT REQUESTS AN IN-PERSON HEARING THEN THE EMPLOYER MUST ALSO APPEAR IN-PERSON.

THE EXCEPTION IS IF THE TRAVEL FOR THE EMPLOYER EXCEEDS 50 MILES, THEN THE EMPLOYER CAN PARTICIPATE BY TELEPHONE IF SO DESIRED. CALL THE APPEALS SECTION TO CLARIFY YOUR OPTIONS.

YOU MAY WANT AN IN-PERSON HEARING IF FOR EXAMPLE, YOU HAVE A VIDEO TAPE AS AN EXHIBIT.

THE TELEPHONE HEARINGTHE TELEPHONE HEARINGREMEMBER THE TELEPHONE HEARING REMEMBER THE TELEPHONE HEARING

IS CONDUCTED THE SAME AS IF IT IS CONDUCTED THE SAME AS IF IT WERE A COURT ROOM. THE APPEALS WERE A COURT ROOM. THE APPEALS REFEREE IS THE JUDGE AND JURY AND REFEREE IS THE JUDGE AND JURY AND YOU ARE STATING YOUR CASE.YOU ARE STATING YOUR CASE.

ALTHOUGH LESS STRICT, RULES OF ALTHOUGH LESS STRICT, RULES OF EVIDENCE APPLY. EVIDENCE APPLY.

EMPLOYERS DO HAVE THE RIGHT TO EMPLOYERS DO HAVE THE RIGHT TO BE REPRESENTED BY ATTORNEYS WHO BE REPRESENTED BY ATTORNEYS WHO MUST ENTER THEIR APPEARANCES.MUST ENTER THEIR APPEARANCES.

IN MISSOURI THE COMPANY CANNOT IN MISSOURI THE COMPANY CANNOT BE REPRESENTED BY AN ACTUARY.BE REPRESENTED BY AN ACTUARY.

THE TELEPHONE HEARINGTHE TELEPHONE HEARING

BE BE IMMEDIATELYIMMEDIATELY AVAILABLE AT THE AVAILABLE AT THE TELEPHONE NUMBER GIVEN. THE TELEPHONE NUMBER GIVEN. THE REFEREE WILL ONLY TRY THE NUMBER REFEREE WILL ONLY TRY THE NUMBER TWICE AND IF UNABLE TO REACH YOU THE TWICE AND IF UNABLE TO REACH YOU THE HEARING WILL EITHER CONTINUE HEARING WILL EITHER CONTINUE WITHOUT YOUR INPUT OR BE DISMISSED.WITHOUT YOUR INPUT OR BE DISMISSED.

PRESENTING INFORMATION IN AN PRESENTING INFORMATION IN AN ORDERLY, CONCISE, AND PROFESSIONAL ORDERLY, CONCISE, AND PROFESSIONAL MANNER MAKES A MORE CREDIBLE MANNER MAKES A MORE CREDIBLE PRESENTATION BY REPRESENTATIVES PRESENTATION BY REPRESENTATIVES AND/OR WITNESSESAND/OR WITNESSES

THE TELEPHONE HEARINGTHE TELEPHONE HEARINGMOST REFEREES WILL ASK THE MOST REFEREES WILL ASK THE

FOLLOWING QUESTIONS:FOLLOWING QUESTIONS:

Is your testimony based on personal Is your testimony based on personal knowledge, business records or both?knowledge, business records or both?

Are these records prepared in the regular Are these records prepared in the regular course of the business?course of the business?

Are these records kept on all employees?Are these records kept on all employees?

Were the entries in the records made at or Were the entries in the records made at or about the time the events occurred?about the time the events occurred?

Did the person who created the records Did the person who created the records have direct knowledge of the events?have direct knowledge of the events?

THE TELEPHONE HEARINGTHE TELEPHONE HEARINGMOST REFEREES WILL ASK THE MOST REFEREES WILL ASK THE

FOLLOWING QUESTIONS:FOLLOWING QUESTIONS:

DATE OF HIREDATE OF HIRE RATE OF PAY, FULL OR PART-TIME RATE OF PAY, FULL OR PART-TIME DAYS AND HOURS WORKEDDAYS AND HOURS WORKED NAME OF SUPERVISORNAME OF SUPERVISOR WHETHER CLAIMANT WAS A MEMBER OF A WHETHER CLAIMANT WAS A MEMBER OF A

UNIONUNION POSITION HELD, LAST DAY WORKED POSITION HELD, LAST DAY WORKED DATE OF DISCHARGE OR QUIT DATE OF DISCHARGE OR QUIT IF DISCHARGED, WHY THEY WERE IF DISCHARGED, WHY THEY WERE

TERMINATED, BY WHOM AND HOW TERMINATED, BY WHOM AND HOW IF A QUIT, REASON THEY GAVEIF A QUIT, REASON THEY GAVE

THE TELEPHONE HEARINGTHE TELEPHONE HEARING STATE THE FACTS OF YOUR CASE AND PROVIDE STATE THE FACTS OF YOUR CASE AND PROVIDE

ALL INFORMATIONALL INFORMATION RELATED TO THE RELATED TO THE UNEMPLOYMENT CLAIM.UNEMPLOYMENT CLAIM.

PROVIDE PROVIDE ALL DATESALL DATES RELEVANT TO THE ISSUES. RELEVANT TO THE ISSUES.

TELL THE REFEREE THAT YOU WANT TELL THE REFEREE THAT YOU WANT ALL ALL DOCUMENTSDOCUMENTS (EXHIBITS) THAT YOU HAVE (EXHIBITS) THAT YOU HAVE SUBMITTED SUBMITTED OFFERED INTO EVIDENCEOFFERED INTO EVIDENCE..

IF THE REFEREE DOES NOT MARK YOUR IF THE REFEREE DOES NOT MARK YOUR DOCUMENTS AND OFFICIALLY “RECEIVE” THEM DOCUMENTS AND OFFICIALLY “RECEIVE” THEM INTO THE RECORD, THEIR CONTENTS WILL NOT INTO THE RECORD, THEIR CONTENTS WILL NOT BE CONSIDEREDBE CONSIDERED..

THE TELEPHONE HEARINGTHE TELEPHONE HEARING IF YOU PLAN TO CALL ANY WITNESSES BE IF YOU PLAN TO CALL ANY WITNESSES BE

SURE TO STATE WHAT INFORMATION THEY SURE TO STATE WHAT INFORMATION THEY CAN PROVIDE THAT IS DIFFERENT FROM CAN PROVIDE THAT IS DIFFERENT FROM YOURS, SUCH AS A SUPERVISOR WHO HAS YOURS, SUCH AS A SUPERVISOR WHO HAS FIRST-HAND KNOWLEDGE OF AN INCIDENT. FIRST-HAND KNOWLEDGE OF AN INCIDENT.

IF THE WITNESS WILL PROVIDE ONLY THE IF THE WITNESS WILL PROVIDE ONLY THE SAME INFORMATION THAT YOU HAVE SAME INFORMATION THAT YOU HAVE ALREADY PROVIDED, THEY WILL IN MOST ALREADY PROVIDED, THEY WILL IN MOST CASES NOT BE ALLOWED TO TESTIFY.CASES NOT BE ALLOWED TO TESTIFY.

AFTER THE WITNESS TESTIFIES, THE AFTER THE WITNESS TESTIFIES, THE EMPLOYER REPRESENTATIVE MAY ASK THE EMPLOYER REPRESENTATIVE MAY ASK THE WITNESS QUESTIONS. THIS IS AN WITNESS QUESTIONS. THIS IS AN OPPORTUNITY TO CLARIFY ISSUES OR GET OPPORTUNITY TO CLARIFY ISSUES OR GET ISSUES ON THE RECORD THAT THE WITNESS ISSUES ON THE RECORD THAT THE WITNESS MAY HAVE FORGOTTEN.MAY HAVE FORGOTTEN.

THE TELEPHONE HEARINGTHE TELEPHONE HEARINGHEARSAY STATEMENTS (WRITTEN OR HEARSAY STATEMENTS (WRITTEN OR

ORAL):ORAL):

UNDER RULES OF EVIDENCE HEARSAY OR UNDER RULES OF EVIDENCE HEARSAY OR WRITTEN STATEMENTS MAY NOT BE WRITTEN STATEMENTS MAY NOT BE ADMITTED INTO EVIDENCE BECAUSE THE ADMITTED INTO EVIDENCE BECAUSE THE OTHER PARTY CANNOT CROSS EXAMINE OTHER PARTY CANNOT CROSS EXAMINE THE WITNESS OR WRITER OF THE THE WITNESS OR WRITER OF THE STATEMENTS, WHICH BOTH THE CLAIMANT STATEMENTS, WHICH BOTH THE CLAIMANT AND THE EMPLOYER HAVE A RIGHT TO DO.AND THE EMPLOYER HAVE A RIGHT TO DO.

THUS THESE STATEMENTS CAN BE THUS THESE STATEMENTS CAN BE OBJECTED TO BY EITHER PARTY AND MAY OBJECTED TO BY EITHER PARTY AND MAY NOT BE ADMITTED INTO EVIDENCE.NOT BE ADMITTED INTO EVIDENCE.


HEARSAY STATEMENTS (WRITTEN OR HEARSAY STATEMENTS (WRITTEN OR ORAL):ORAL):

IT IS ALWAYS BEST TO HAVE THE IT IS ALWAYS BEST TO HAVE THE PERSON WHO WROTE ANY STATEMENT PERSON WHO WROTE ANY STATEMENT ABOUT AN INCIDENT APPEAR AT THE ABOUT AN INCIDENT APPEAR AT THE HEARING AS ONE OF THE WITNESSES HEARING AS ONE OF THE WITNESSES WHO CAN TESTIFY FIRST HAND ABOUT WHO CAN TESTIFY FIRST HAND ABOUT THE STATEMENT.THE STATEMENT.

IF THAT IS NOT POSSIBLE THEN IN IF THAT IS NOT POSSIBLE THEN IN ORDER TO ADMIT WRITTEN RECORDS ORDER TO ADMIT WRITTEN RECORDS INTO EVIDENCE THE EMPLOYER MUST INTO EVIDENCE THE EMPLOYER MUST ESTABLISH THAT:ESTABLISH THAT:

WRITTEN STATEMENTS AND WRITTEN STATEMENTS AND RECORDSRECORDS

THE DOCUMENTS ARE RELIABLE THE DOCUMENTS ARE RELIABLE BUSINESS RECORDS.BUSINESS RECORDS.

THEY ARE KEPT IN THE NORMAL THEY ARE KEPT IN THE NORMAL COURSE OF BUSINESS ON ALL COURSE OF BUSINESS ON ALL EMPLOYEES.EMPLOYEES.

THE RECORD WAS CREATED CLOSE IN THE RECORD WAS CREATED CLOSE IN TIME TO THE EVENTS REFLECTED.TIME TO THE EVENTS REFLECTED.

AND THE RECORD WAS MADE BY A AND THE RECORD WAS MADE BY A PERSON OR PERSONS WITH DIRECT PERSON OR PERSONS WITH DIRECT KNOWLEDGE OF THE EVENTS.KNOWLEDGE OF THE EVENTS.

WRITTEN STATEMENTS AND WRITTEN STATEMENTS AND RECORDSRECORDS

SUCH DOCUMENTS MAY THEN BE TESTIFIED SUCH DOCUMENTS MAY THEN BE TESTIFIED FROM OR OFFERED AS EXHIBITS SINCE THEY FROM OR OFFERED AS EXHIBITS SINCE THEY ARE BUSINESS RECORDS AND ARE AN ARE BUSINESS RECORDS AND ARE AN EXCEPTION TO THE HEARSAY RULE.EXCEPTION TO THE HEARSAY RULE.

IF YOU WISH TO ADMIT INTO EVIDENCE IF YOU WISH TO ADMIT INTO EVIDENCE SOMETHING TOLD TO YOU BY A SOMETHING TOLD TO YOU BY A SUPERVISOR OR OTHER WITNESS WHO SUPERVISOR OR OTHER WITNESS WHO CANNOT TESTIFY FOR WHATEVER CANNOT TESTIFY FOR WHATEVER REASON, THEN BE SURE TO DOCUMENT REASON, THEN BE SURE TO DOCUMENT TIME, PLACE, WHAT WAS SAID, BY WHOM TIME, PLACE, WHAT WAS SAID, BY WHOM AND HOW APPLICABLE AND ESTABLISH AND HOW APPLICABLE AND ESTABLISH THAT IT IS A RELIABLE BUSINESS THAT IT IS A RELIABLE BUSINESS RECORD.RECORD.


WHILE THE CLAIMANT IS WHILE THE CLAIMANT IS TESTIFYING LISTEN CAREFULLY TESTIFYING LISTEN CAREFULLY AND JOT DOWN ANY AND JOT DOWN ANY DISCREPANCIES YOU HEAR.DISCREPANCIES YOU HEAR.

AT THE END OF THE TESTIMONY AT THE END OF THE TESTIMONY YOU MAY ASK THE CLAIMANT YOU MAY ASK THE CLAIMANT QUESTIONS IF YOU QUALIFY AS QUESTIONS IF YOU QUALIFY AS AN EMPLOYER REPRESENTATIVE AN EMPLOYER REPRESENTATIVE – BUT THEY MUST BE IN THE – BUT THEY MUST BE IN THE FORM OF A QUESTION.FORM OF A QUESTION.


AT THE END OF THE HEARING YOU AT THE END OF THE HEARING YOU WILL BE GIVEN ONE MORE WILL BE GIVEN ONE MORE OPPORTUNITY TO PROVIDE NEW OPPORTUNITY TO PROVIDE NEW EVIDENCE. THIS MIGHT BE A EVIDENCE. THIS MIGHT BE A RESPONSE TO SOMETHING THE RESPONSE TO SOMETHING THE CLAIMANT SAID IN HIS/HER CLAIMANT SAID IN HIS/HER TESTIMONY. TESTIMONY.

DON’T ARGUE WITH THE DON’T ARGUE WITH THE CLAIMANT, JUST PRESENT THE CLAIMANT, JUST PRESENT THE FACTS IN A PROFESSIONAL FACTS IN A PROFESSIONAL MANNERMANNER.

A QUIT BY A CLAIMANTA QUIT BY A CLAIMANT

WHENEVER CLAIMANTS QUIT JOBS WHENEVER CLAIMANTS QUIT JOBS THEY ARE NOT QUALIFIED FOR THEY ARE NOT QUALIFIED FOR UNEMPLOYMENT UNLESS THEY CAN UNEMPLOYMENT UNLESS THEY CAN PROVE THEY QUIT FOR A CAUSE PROVE THEY QUIT FOR A CAUSE ATTRIBUTABLE TO THE EMPLOYER.ATTRIBUTABLE TO THE EMPLOYER.

IN THIS CASE THE BURDEN OF IN THIS CASE THE BURDEN OF PROVING CAUSE RESTS WITH THE PROVING CAUSE RESTS WITH THE CLAIMANT THROUGH COMPETENT CLAIMANT THROUGH COMPETENT AND SUBSTANTIAL EVIDENCE.AND SUBSTANTIAL EVIDENCE.

DISCHARGE FOR MISCONDUCTDISCHARGE FOR MISCONDUCT

ANY TIME EMPLOYERS DISCHARGE ANY TIME EMPLOYERS DISCHARGE FOR MISCONDUCT THEY HAVE THE FOR MISCONDUCT THEY HAVE THE BURDEN OF PROVING SUCH BURDEN OF PROVING SUCH MISCONDUCT BY COMPETENT AND MISCONDUCT BY COMPETENT AND SUBSTANTIAL EVIDENCE.SUBSTANTIAL EVIDENCE.

THE CLAIMANT DOES NOT HAVE THE THE CLAIMANT DOES NOT HAVE THE BURDEN OF PROVING THE ABSENCE BURDEN OF PROVING THE ABSENCE OF MISCONDUCT. OF MISCONDUCT.

THE BETTER THE EVIDENCE YOU THE BETTER THE EVIDENCE YOU PRESENT THE BETTER YOUR CHANCES PRESENT THE BETTER YOUR CHANCES OF WINNING.OF WINNING.

MISCONDUCT - ATTENDANCEMISCONDUCT - ATTENDANCE

THE NUMBER ONE REASON EMPLOYEES THE NUMBER ONE REASON EMPLOYEES LOSE THEIR JOBS IS ATTENDANCE ISSUES.LOSE THEIR JOBS IS ATTENDANCE ISSUES.

WHEN REPLYING TO THE INITIAL WHEN REPLYING TO THE INITIAL UNEMPLOYMENT CLAIM STATE (IF TRUE):UNEMPLOYMENT CLAIM STATE (IF TRUE):

DATES OF ABSENCES AND REASONS.DATES OF ABSENCES AND REASONS.

WHETHER EMPLOYEE PROPERLY WHETHER EMPLOYEE PROPERLY REPORTED EACH INCIDENT.REPORTED EACH INCIDENT.

MISCONDUCT - ATTENDANCEMISCONDUCT - ATTENDANCE IF YOU HAVE A “NO FAULT” ATTENDANCE IF YOU HAVE A “NO FAULT” ATTENDANCE

POLICY BE SURE TO STATE THAT FACT.POLICY BE SURE TO STATE THAT FACT.

ATTACH A COPY OF THE ATTENDANCE ATTACH A COPY OF THE ATTENDANCE POLICY.POLICY.

ATTACH DOCUMENTATION THAT SHOWS ATTACH DOCUMENTATION THAT SHOWS THE EMPLOYEE HAD KNOWLEDGE OF THE THE EMPLOYEE HAD KNOWLEDGE OF THE ATTENDANCE POLICY AND UNDERSTOOD ATTENDANCE POLICY AND UNDERSTOOD THE CONSEQUENCES OF VIOLATING THE THE CONSEQUENCES OF VIOLATING THE POLICY.POLICY.

ATTACH COPIES OF ANY ATTENDANCE ATTACH COPIES OF ANY ATTENDANCE COUNSELING AND/OR WARNING COUNSELING AND/OR WARNING SESSIONS.SESSIONS.

MISCONDUCT - ATTENDANCEMISCONDUCT - ATTENDANCEIT IS ALWAYS BEST IF THE EMPLOYEE IT IS ALWAYS BEST IF THE EMPLOYEE

HAS SIGNED THE COUNSELING HAS SIGNED THE COUNSELING SESSIONS WHICH SHOW HE/SHE SESSIONS WHICH SHOW HE/SHE UNDERSTOOD THE COUNSELING UNDERSTOOD THE COUNSELING EVEN THOUGH HE/SHE MAY NOT EVEN THOUGH HE/SHE MAY NOT AGREE WITH ITS CONTENTS.AGREE WITH ITS CONTENTS.

HOWEVER, SOME DO REFUSE TO DO HOWEVER, SOME DO REFUSE TO DO SO. IF THIS HAPPENS SIMPLY STATE SO. IF THIS HAPPENS SIMPLY STATE ON THE DOCUMENT THAT THE ON THE DOCUMENT THAT THE EMPLOYEE “REFUSED TO SIGN” AND EMPLOYEE “REFUSED TO SIGN” AND HAVE A WITNESS SIGN AND DATE HAVE A WITNESS SIGN AND DATE THE DOCUMENT.THE DOCUMENT.

MISCONDUCT - ATTENDANCEMISCONDUCT - ATTENDANCE

IF POSSIBLE TRY AND PICK THE IF POSSIBLE TRY AND PICK THE RIGHT TIME TO DISCHARGE. MOST RIGHT TIME TO DISCHARGE. MOST REFEREES STILL TEND TO FOCUS ON REFEREES STILL TEND TO FOCUS ON THE LAST INCIDENT ALONE.THE LAST INCIDENT ALONE.

INSUBORDINATION, A NO-CALL, NO-INSUBORDINATION, A NO-CALL, NO-SHOW OR A POOR EXCUSE FOR SHOW OR A POOR EXCUSE FOR BEING ABSENT IS MORE LIKELY TO BEING ABSENT IS MORE LIKELY TO RESULT IN A DENIAL OF BENEFITS.RESULT IN A DENIAL OF BENEFITS.

MISCONDUCT - MISCONDUCT - ATTENDANCEATTENDANCE

IN 2006, THE LEGISLATURE AMENDED IN 2006, THE LEGISLATURE AMENDED 288.050.3 DEALING SPECIFICALLY WITH 288.050.3 DEALING SPECIFICALLY WITH ATTENDANCE/TARDINESS.ATTENDANCE/TARDINESS.

AS AMENDED, THE STATUTE NOW AS AMENDED, THE STATUTE NOW PROVIDES THAT (1) IF A CLAIMANT WAS PROVIDES THAT (1) IF A CLAIMANT WAS DISCHARGED AS THE RESULT OF A DISCHARGED AS THE RESULT OF A VIOLATION OF THE EMPLOYER’S VIOLATION OF THE EMPLOYER’S ATTENDANCE POLICY AND (2) THE ATTENDANCE POLICY AND (2) THE CLAIMANT HAD KNOWLEDGE OF THE CLAIMANT HAD KNOWLEDGE OF THE POLICY BEFORE ANY OF THE POLICY BEFORE ANY OF THE OCCURRENCES UPON WHICH THE OCCURRENCES UPON WHICH THE DISCHARGE WAS BASED THEN DISCHARGE WAS BASED THEN


“ABSENTEEISM OR TARDINESS ABSENTEEISM OR TARDINESS MAYMAY CONSTITUTE A CONSTITUTE A REBUTTABLE REBUTTABLE PRESUMPTIONPRESUMPTION OF MISCONDUCT, OF MISCONDUCT, REGARDLESS OF WHETHER THE REGARDLESS OF WHETHER THE LAST INCIDENT ALONE LAST INCIDENT ALONE CONSTITUTES MISCONDUCT….”CONSTITUTES MISCONDUCT….”

THE AMENDMENT DOES LITTLE TO THE AMENDMENT DOES LITTLE TO HELP EMPLOYERS CONCERNING HELP EMPLOYERS CONCERNING ATTENDANCE/TARDINESS ISSUE.ATTENDANCE/TARDINESS ISSUE.


USE OF WORD USE OF WORD “MAY”“MAY” INSTEAD OF INSTEAD OF SHALL MEANS DEPUTIES AND APPEALS SHALL MEANS DEPUTIES AND APPEALS TRIBUNALS CAN DO WHATEVER THEY TRIBUNALS CAN DO WHATEVER THEY WANT – AND THEY WILL PROBABLY WANT – AND THEY WILL PROBABLY STILL BE FOCUSING ON STILL BE FOCUSING ON INTENTINTENT..

REBUTTABLE PRESUMPTION, EVEN IF REBUTTABLE PRESUMPTION, EVEN IF RAISED, IS PROBABLY DEFEATED AS RAISED, IS PROBABLY DEFEATED AS SOON AS CLAIMANT PARTICIPATES IN SOON AS CLAIMANT PARTICIPATES IN HEARING TO EXPLAIN REASONS FOR HEARING TO EXPLAIN REASONS FOR BEING ABSENT/TARDY.BEING ABSENT/TARDY.

MISCONDUCT – DRUGS & MISCONDUCT – DRUGS & ALCOHOLALCOHOL

THERE ARE TWO STATUTES WHICH DEAL THERE ARE TWO STATUTES WHICH DEAL WITH DRUGS AND ALCOHOL.WITH DRUGS AND ALCOHOL.

THE OLDER STATUTE IS 288.050. THIS IS THE OLDER STATUTE IS 288.050. THIS IS THE GENERAL MISCONDUCT STATUTE. THE GENERAL MISCONDUCT STATUTE. UNTIL VERY RECENTLY, CASE LAW UNTIL VERY RECENTLY, CASE LAW INDICATED THAT TO PROVE MISCONDUCT INDICATED THAT TO PROVE MISCONDUCT FOR DRUGS OR ALCOHOL THE EMPLOYER FOR DRUGS OR ALCOHOL THE EMPLOYER MUST SHOW JOB IMPAIRMENT. IN JUNE MUST SHOW JOB IMPAIRMENT. IN JUNE 2006 THE COURT OF APPEALS NEGATED 2006 THE COURT OF APPEALS NEGATED THAT REQUIREMENT. CONSEQUENTLY, THAT REQUIREMENT. CONSEQUENTLY, UNDER THE GENERAL MISCONDUCT UNDER THE GENERAL MISCONDUCT STATUTE, EMPLOYERS MUST NOW PROVE:STATUTE, EMPLOYERS MUST NOW PROVE:


1.1. THAT CLAIMANT KNEW ABOUT EMPLOYER’S THAT CLAIMANT KNEW ABOUT EMPLOYER’S DRUG/ALCOHOL POLICY;DRUG/ALCOHOL POLICY;

2.2. THAT THE POLICY IS REASONABLE (WORK THAT THE POLICY IS REASONABLE (WORK SAFETY CONCERNS, PRODUCTIVITY, ETC.); SAFETY CONCERNS, PRODUCTIVITY, ETC.); ANDAND

3.3. THAT CLAIMANT KNOWINGLY VIOLATED THE THAT CLAIMANT KNOWINGLY VIOLATED THE POLICY.POLICY.

AN EMPLOYER CAN ESTABLISH THE VIOLATION AN EMPLOYER CAN ESTABLISH THE VIOLATION BY CLAIMANT’S ADMISSION, BY TESTIMONY BY CLAIMANT’S ADMISSION, BY TESTIMONY ABOUT OBSERVABLE IMPAIRMENT, AND/OR BY ABOUT OBSERVABLE IMPAIRMENT, AND/OR BY PROOF OF THE RELIABILITY AND ACCURACY PROOF OF THE RELIABILITY AND ACCURACY OF THE COLLECTION PROCESS OF THE COLLECTION PROCESS ANDAND POSITIVE POSITIVE TEST RESULT.TEST RESULT.


DOCUMENT BY TIME AND PLACE WHAT YOU DOCUMENT BY TIME AND PLACE WHAT YOU OBSERVED SUCH AS CLAIMANT WAS OBSERVED SUCH AS CLAIMANT WAS SLURRING HIS/HER WORDS, WALKED WITH SLURRING HIS/HER WORDS, WALKED WITH AN UNSTEADY GAIT, SMELLED OF ALCOHOL, AN UNSTEADY GAIT, SMELLED OF ALCOHOL, ETC.ETC.

IF POLICY PROVIDES, AND WITH EMPLOYEE’S IF POLICY PROVIDES, AND WITH EMPLOYEE’S CONSENT, THEN SEND CLAIMANT FOR A CONSENT, THEN SEND CLAIMANT FOR A DRUG/ALCOHOL TEST. MAKE SURE THE LAB DRUG/ALCOHOL TEST. MAKE SURE THE LAB IS D.O.T. CERTIFIED AND USE PROPER CHAIN IS D.O.T. CERTIFIED AND USE PROPER CHAIN OF CUSTODY.OF CUSTODY.

IT IS ALSO HELPFUL IF YOUR POLICY STATES IT IS ALSO HELPFUL IF YOUR POLICY STATES THAT REFUSAL TO TAKE A DRUG/ALCOHOL THAT REFUSAL TO TAKE A DRUG/ALCOHOL TEST “MAY” RESULT IN TERMINATION.TEST “MAY” RESULT IN TERMINATION.


SUBMIT RESULTS OF THE TEST AS AN SUBMIT RESULTS OF THE TEST AS AN EXHIBIT AT THE HEARING, AND HAVE EXHIBIT AT THE HEARING, AND HAVE THE MEDICAL REVIEW OFFICER FROM THE MEDICAL REVIEW OFFICER FROM THE LAB TESTIFY AS A WITNESS THE LAB TESTIFY AS A WITNESS CONCERNING THE ACCURACY AND CONCERNING THE ACCURACY AND RELIABILITY OF THE COLLECTION RELIABILITY OF THE COLLECTION PROCESS (THE CHAIN-OF-CUSTODY), THE PROCESS (THE CHAIN-OF-CUSTODY), THE LABORATORY EQUIPMENT USED, AND LABORATORY EQUIPMENT USED, AND THE TEST RESULT.THE TEST RESULT.

YOU HAVE NOW DRAMATICALLY YOU HAVE NOW DRAMATICALLY IMPROVED YOUR CHANCES OF IMPROVED YOUR CHANCES OF DISQUALIFYING THE CLAIMANT.DISQUALIFYING THE CLAIMANT.


THE LEGISLATURE IN 2004 PASSED A THE LEGISLATURE IN 2004 PASSED A NEW PROVISION: 288.045. IT APPLIES NEW PROVISION: 288.045. IT APPLIES TO DISCHARGES BETWEEN 1/1/05 AND TO DISCHARGES BETWEEN 1/1/05 AND 9/30/06.9/30/06.

EMPLOYERS MUST HAVE COMPLIED EMPLOYERS MUST HAVE COMPLIED WITH WITH ALLALL OF THE REQUIREMENTS OF OF THE REQUIREMENTS OF THIS STATUTE IN ORDER TO USE IT. THIS STATUTE IN ORDER TO USE IT. THE REQUIREMENTS WERE:THE REQUIREMENTS WERE:

1.1. THE CLAIMANT MUST HAVE BEEN AT THE CLAIMANT MUST HAVE BEEN AT WORK WITH A DETECTIBLE AMOUNT WORK WITH A DETECTIBLE AMOUNT OF ALCOHOL OR CONTROLLED OF ALCOHOL OR CONTROLLED SUBSTANCE IN HIS/HER BODY.SUBSTANCE IN HIS/HER BODY.


2. THE EMPLOYER MUST HAVE A WRITTEN WORKPLACE POLICY DEALING WITH DRUG AND ALCOHOL USE.

3. THE EMPLOYER MUST HAVE NOTIFIED ITS EMPLOYEES OF THE WRITTEN POLICY BY ONE OF THE FOLLOWING MEANS:a. BY CONSPICUOUSLY POSTING IT IN THE

WORKPLACE.b. BY SETTING IT OUT IN A WRITTEN

HANDBOOK OR PERSONNEL POLICY; OR


c. BY INCLUDING IT IN THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT.

4. THE EMPLOYER’S POLICY MUST HAVE SAID THAT A POSITIVE TEST RESULT SHALL BE DEEMED MISCONDUCT AND COULD RESULT IN SUSPENSION OR DISCHARGE.

5. IF THE POLICY WAS INSTITUTED AFTER 1/1/05, THE EMPLOYER MUST HAVE GIVEN AT LEAST A 60-DAY, ONE-TIME GENERAL NOTICE (PRESUMABLY NOT TO EACH NEW EMPLOYEE) THAT A DRUG/ALCOHOL POLICY WAS BEING INSTITUTED.


6.6. THE EMPLOYER MUST HAVE GIVEN THE THE EMPLOYER MUST HAVE GIVEN THE CLAIMANT AT LEAST THE RIGHT, IF CLAIMANT AT LEAST THE RIGHT, IF REQUESTED, TO HAVE A REQUESTED, TO HAVE A CONFIRMATION TEST. THE CONFIRMATION TEST. THE CONFIRMATION TEST MUST HAVE CONFIRMATION TEST MUST HAVE BEEN DONE BY A DIFFERENT D.O.T BEEN DONE BY A DIFFERENT D.O.T CERTIFIED LABORATORY USING CERTIFIED LABORATORY USING DIFFERENT SCIENTIFIC PRINCIPLES. DIFFERENT SCIENTIFIC PRINCIPLES. THE STATUTE IS SILENT AS TO THE STATUTE IS SILENT AS TO WHETHER THE EMPLOYER MUST HAVE WHETHER THE EMPLOYER MUST HAVE NOTIFIED THE CLAIMANT OF THIS NOTIFIED THE CLAIMANT OF THIS RIGHT. IF THE CONFIRMATION TEST RIGHT. IF THE CONFIRMATION TEST WAS POSITIVE THE EMPLOYEE WOULD WAS POSITIVE THE EMPLOYEE WOULD HAVE PAID THE COST OF THE TEST.HAVE PAID THE COST OF THE TEST.


7.7. FOR THE EMPLOYER TO COLLECT FOR THE EMPLOYER TO COLLECT AND TEST A SAMPLE IT MUST AND TEST A SAMPLE IT MUST HAVE HAD SUFFICIENT CAUSE TO HAVE HAD SUFFICIENT CAUSE TO SUSPECT USE (WHICH COULD SUSPECT USE (WHICH COULD INCLUDE TESTING AFTER AN INCLUDE TESTING AFTER AN ACCIDENT) OR THE WRITTEN ACCIDENT) OR THE WRITTEN POLICY MUST HAVE STATED POLICY MUST HAVE STATED THERE WOULD BE RANDOM THERE WOULD BE RANDOM TESTING.TESTING.


8.8. THE EMPLOYER MUST HAVE SHOWN THE EMPLOYER MUST HAVE SHOWN THAT THE SPECIMEN COLLECTION, THAT THE SPECIMEN COLLECTION, TESTING, AND CHAIN-OF-CUSTODY TESTING, AND CHAIN-OF-CUSTODY PROCEDURES CONFORM EITHER TO:PROCEDURES CONFORM EITHER TO:

a.a. THE PROVISIONS AND PROCEDURES THE PROVISIONS AND PROCEDURES OUTLINED IN AN APPLICABLE OUTLINED IN AN APPLICABLE COLLECTIVE BARGAINING AGREEMENT COLLECTIVE BARGAINING AGREEMENT OR OR

b.b. U.S.D.O.T. RULES FOR WORKPLACE U.S.D.O.T. RULES FOR WORKPLACE DRUG AND ALCOHOL TESTING DRUG AND ALCOHOL TESTING (49jC.F.R.,PART40), AS WELL AS ANY (49jC.F.R.,PART40), AS WELL AS ANY OF ITS REGULATIONS CONCERNING OF ITS REGULATIONS CONCERNING CHAIN-OF-CUSTODY PROCEDURES.CHAIN-OF-CUSTODY PROCEDURES.


9. IF THE EMPLOYER INDICATES THAT THE TEST WAS PERFORMED BY A U.S.D.O.T. CERTIFIED LABORATORY, THE REFEREE MUST INCLUDE THE TEST RESULTS AND LABORATORY’S TRIAL PACKET IN THE HEARING RECORD AND MUST CONSIDER THE RESULTS AND PACKET AS EVIDENCE. THE STATUTE DOES NOT TAKE AWAY THE REFEREE’S DISCRETION, THOUGH, AS TO HOW MUCH WEIGHT TO GIVE THAT EVIDENCE.

DRUGS/ALCOHOL PENALTYDRUGS/ALCOHOL PENALTY

IF A DETECTIBLE AMOUNT OF IF A DETECTIBLE AMOUNT OF ALCOHOL OR CONTROLLED ALCOHOL OR CONTROLLED SUBSTANCE IN VIOLATION OF SUBSTANCE IN VIOLATION OF KNOWN COMPANY POLICY IS KNOWN COMPANY POLICY IS MISCONDUCT UNDER 288.045, MISCONDUCT UNDER 288.045, WAGE CREDITS WILL BE WAGE CREDITS WILL BE CANCELLED FOR POSITIVE TEST.CANCELLED FOR POSITIVE TEST.

CANNABIS=50NG/ML; CANNABIS=50NG/ML; ALCOHOL=.08%ALCOHOL=.08%

DRUGS/ALCOHOLDRUGS/ALCOHOLTHE LEGISLATURE IN 2006 AMENDED THE LEGISLATURE IN 2006 AMENDED

288.045. CONSEQUENTLY, WITH 288.045. CONSEQUENTLY, WITH RESPECT TO DISCHARGES THAT OCCUR RESPECT TO DISCHARGES THAT OCCUR AFTER 10/01/06:AFTER 10/01/06:

THE LABORATORY USED SHOULD BE THE LABORATORY USED SHOULD BE CERTIFIED BY THE US DEPARTMENT OF CERTIFIED BY THE US DEPARTMENT OF HEALTH AND HUMAN SERVICES (“HHS”) OR HEALTH AND HUMAN SERVICES (“HHS”) OR ANY ORGANIZATION THAT MEETS THE ANY ORGANIZATION THAT MEETS THE MINIMUM STANDARDS OF HHS (GOOD LUCK MINIMUM STANDARDS OF HHS (GOOD LUCK PROVING THAT THE ALTERNATIVE PROVING THAT THE ALTERNATIVE ORGANIZATION’S QUALIFICATIONS ARE THE ORGANIZATION’S QUALIFICATIONS ARE THE SAME).SAME).

DRUGS/ALCOHOLDRUGS/ALCOHOLEMPLOYERS POLICIES NO LONGER EMPLOYERS POLICIES NO LONGER

HAVE TO SAY THAT A POSITIVE TEST HAVE TO SAY THAT A POSITIVE TEST RESULT SHALL BE DEEMED RESULT SHALL BE DEEMED MISCONDUCT. NOW, POLICY JUST MISCONDUCT. NOW, POLICY JUST HAS TO SAY THAT A POSITIVE TEST HAS TO SAY THAT A POSITIVE TEST RESULT MAY CAUSE SUSPENSION OR RESULT MAY CAUSE SUSPENSION OR TERMINATION.TERMINATION.

TEST RESULTS ARE ADMISSIBLE IF TEST RESULTS ARE ADMISSIBLE IF EMPLOYER’S POLICY CLEARLY STATES EMPLOYER’S POLICY CLEARLY STATES THAT EMPLOYEES ARE SUBJECT TO THAT EMPLOYEES ARE SUBJECT TO RANDOM, PREEMPLOYMENT, RANDOM, PREEMPLOYMENT, REASONABLE SUSPICION, OR POST-REASONABLE SUSPICION, OR POST-ACCIDENT TESTING.ACCIDENT TESTING.

DRUGS/ALCOHOLDRUGS/ALCOHOLANY POSITIVE RESULT FROM A TEST ANY POSITIVE RESULT FROM A TEST

THAT CONFORMS TO THE STATUTORY THAT CONFORMS TO THE STATUTORY REQUIREMENTS IS DEEMED REQUIREMENTS IS DEEMED MISCONDUCT – NO MINIMUM LEVELS.MISCONDUCT – NO MINIMUM LEVELS.

EVEN PREEMPLOYMENT TEST THAT IS EVEN PREEMPLOYMENT TEST THAT IS POSITIVE IS MISCONDUCT SO LONG POSITIVE IS MISCONDUCT SO LONG AS CLAIMANT WAS INFORMED OF THE AS CLAIMANT WAS INFORMED OF THE TEST REQUIREMENT PRIOR TO TEST REQUIREMENT PRIOR TO TAKING THE TEST.TAKING THE TEST.

SIGNIFICANT CASESIGNIFICANT CASE DIFATTA-WHEATON v. DOLPHIN CAPITAL CORP.DIFATTA-WHEATON v. DOLPHIN CAPITAL CORP.

SUBSTANTIALLY CHANGES THE WAY SUBSTANTIALLY CHANGES THE WAY COURTS HAVE ANALYZED LEAVES OF COURTS HAVE ANALYZED LEAVES OF ABSENCE DUE TO PERSONAL ILLNESS.ABSENCE DUE TO PERSONAL ILLNESS.

COURTS WILL USUALLY PRESUME THAT COURTS WILL USUALLY PRESUME THAT EMPLOYMENT RELATIONSHIP IS NOT EMPLOYMENT RELATIONSHIP IS NOT SEVERED, EVEN THOUGH EMPLOYER DOES SEVERED, EVEN THOUGH EMPLOYER DOES NOT GUARANTEE TO HOLD AN EMPLOYEE’S NOT GUARANTEE TO HOLD AN EMPLOYEE’S JOB DURING EXTENDED PERIODS OF JOB DURING EXTENDED PERIODS OF ABSENCE.ABSENCE.

CONSEQUENTLY, WHEN THE EMPLOYEE IS CONSEQUENTLY, WHEN THE EMPLOYEE IS READY TO RETURN TO WORK AND READY TO RETURN TO WORK AND EMPLOYER DOES NOT ALLOW IT, EMPLOYER EMPLOYER DOES NOT ALLOW IT, EMPLOYER IS DEEMED TO HAVE IS DEEMED TO HAVE DISCHARGEDDISCHARGED THE THE EMPLOYEE.EMPLOYEE.

SIGNIFICANT CASESIGNIFICANT CASE POSSIBLE EXCEPTIONS TO DISCHARGEPOSSIBLE EXCEPTIONS TO DISCHARGE

THE CLAIMANT EXPRESSLY SAYS QUITTING.THE CLAIMANT EXPRESSLY SAYS QUITTING.

EMPLOYER EXPRESSLY TELLS CLAIMANT UP EMPLOYER EXPRESSLY TELLS CLAIMANT UP FRONT THAT IT CONSIDERS THE EMPLOYEE TO FRONT THAT IT CONSIDERS THE EMPLOYEE TO BE QUITTING. BE QUITTING.

CLAIMANT KNOWINGLY VIOLATES A MANDATED CLAIMANT KNOWINGLY VIOLATES A MANDATED CALL-IN POLICY THAT SAYS CONSECUTIVE DAYS CALL-IN POLICY THAT SAYS CONSECUTIVE DAYS OF NO CALL NO SHOW WILL BE DEEMED A QUIT.OF NO CALL NO SHOW WILL BE DEEMED A QUIT.

AN EMPLOYER GIVES A CLAIMANT CONDITIONS AN EMPLOYER GIVES A CLAIMANT CONDITIONS TO SATISFY IN ORDER TO MAINTAIN POSITION TO SATISFY IN ORDER TO MAINTAIN POSITION (LIKE CONTACTING EMPLOYER WITHIN SET (LIKE CONTACTING EMPLOYER WITHIN SET PERIOD AFTER EACH DOCTOR APPOINTMENT), PERIOD AFTER EACH DOCTOR APPOINTMENT), AND CLAIMANT DOES NOT SATISFY AND CLAIMANT DOES NOT SATISFY CONDITIONS.CONDITIONS.

TEMPORARY EMPLOYEESTEMPORARY EMPLOYEES TEMPORARY EMPLOYEES OF STAFFING FIRMS TEMPORARY EMPLOYEES OF STAFFING FIRMS

WILL BE FOUND TO HAVE QUIT: WILL BE FOUND TO HAVE QUIT:

IF THEY DO NOT CONTACT THE FIRM PRIOR TO IF THEY DO NOT CONTACT THE FIRM PRIOR TO FILING FOR BENEFITS UPON COMPLETION OF FILING FOR BENEFITS UPON COMPLETION OF ANY ASSIGNMENT; ANY ASSIGNMENT;

PROVIDING THEY HAVE BEEN CLEARLY PROVIDING THEY HAVE BEEN CLEARLY ADVISED TO DO SO ANDADVISED TO DO SO AND

ADVISED THAT FAILURE TO DO SO MAY ADVISED THAT FAILURE TO DO SO MAY RESULT IN A DENIAL OF BENEFITS.RESULT IN A DENIAL OF BENEFITS.

INCLUDE THIS INFORMATION WITH YOUR INITIAL INCLUDE THIS INFORMATION WITH YOUR INITIAL PROTEST AND SEND IN THIS DOCUMENTATION PROTEST AND SEND IN THIS DOCUMENTATION AS AN EXHIBIT TO ANY SUBSEQUENT HEARING.AS AN EXHIBIT TO ANY SUBSEQUENT HEARING.

APPEALING THE REFEREE’S APPEALING THE REFEREE’S DECISIONDECISION

IF YOU RECEIVE AN UNFAVORABLE IF YOU RECEIVE AN UNFAVORABLE DECISION FROM THE APPEALS DECISION FROM THE APPEALS REFEREE YOU MAY APPEAL TO THE REFEREE YOU MAY APPEAL TO THE LABOR AND INDUSTRIAL RELATIONS LABOR AND INDUSTRIAL RELATIONS COMMISSION. HOW TO DO THIS IS ON COMMISSION. HOW TO DO THIS IS ON THE LETTER OF TRANSMITTAL YOU THE LETTER OF TRANSMITTAL YOU RECEIVE FROM THE APPEALS REFEREE.RECEIVE FROM THE APPEALS REFEREE.

REMEMBER – YOU ONLY HAVE REMEMBER – YOU ONLY HAVE 30 DAYS30 DAYS FROM THE DATE OF THE REFEREE’S FROM THE DATE OF THE REFEREE’S DECISION TO APPEAL TO THE DECISION TO APPEAL TO THE COMMISSION.COMMISSION.

THERE IS NO “GOOD CAUSE” FOR A THERE IS NO “GOOD CAUSE” FOR A LATE APPEAL TO THE COMMISSION.LATE APPEAL TO THE COMMISSION.

APPEALING THE REFEREE’S APPEALING THE REFEREE’S DECISIONDECISION

THE COMMISSION WILL NOT THE COMMISSION WILL NOT CONDUCT A NEW HEARING. WE CAN CONDUCT A NEW HEARING. WE CAN ONLY REVIEW THE TRANSCRIPT ONLY REVIEW THE TRANSCRIPT (INCLUDING EXHIBITS) PRESENTED (INCLUDING EXHIBITS) PRESENTED AT THE TELEPHONE HEARING. AT THE TELEPHONE HEARING.

THE ONLY TIME THE COMMISSION THE ONLY TIME THE COMMISSION CAN TAKE ADDITIONAL EVIDENCE IS CAN TAKE ADDITIONAL EVIDENCE IS IF THERE IS NEW INFORMATION THAT IF THERE IS NEW INFORMATION THAT COULD NOT HAVE BEEN AVAILABLE COULD NOT HAVE BEEN AVAILABLE AND PRESENTED AT THE TIME OF THE AND PRESENTED AT THE TIME OF THE HEARING. (THIS IS A VERY RARE HEARING. (THIS IS A VERY RARE OCCURRENCE AND MUST BE MADE OCCURRENCE AND MUST BE MADE THROUGH A LICENSED ATTORNEY.) THROUGH A LICENSED ATTORNEY.)

DECISION OF THE COMMISSION DECISION OF THE COMMISSION IF YOU DO NOT AGREE WITH THE DECISION IF YOU DO NOT AGREE WITH THE DECISION

ISSUED BY THE COMMISSION YOU MAY ISSUED BY THE COMMISSION YOU MAY APPEAL TO THE MISSOURI COURT OF APPEAL TO THE MISSOURI COURT OF APPEALS. APPEALS.

INSTRUCTIONS ON HOW TO DO THAT IS ON INSTRUCTIONS ON HOW TO DO THAT IS ON THE LETTER YOU RECEIVE FROM THE THE LETTER YOU RECEIVE FROM THE COMMISSION. A SPECIAL FORM (FORM 8-COMMISSION. A SPECIAL FORM (FORM 8-B) MUST BE USED.B) MUST BE USED.

YOU HAVE YOU HAVE 30 DAYS30 DAYS TO APPEAL TO THE TO APPEAL TO THE COURT AND STATE WHY THE COMMISSION COURT AND STATE WHY THE COMMISSION ERRED. THE COURT REVIEWS THE ERRED. THE COURT REVIEWS THE HEARING TRANSCRIPT AND EXHIBITS AND HEARING TRANSCRIPT AND EXHIBITS AND THE DECISION OF THE COMMISSION.THE DECISION OF THE COMMISSION.

BENEFITS CONTACTSBENEFITS CONTACTSJANET LEPPER, CHIEF OF UI PROGRAMS – RESPONSIBLE FOR MANAGEMENT OF REGIONAL

CLAIMS CENTERS AND DES POLICY INSTRUCTIONSPhone: (573) 751-3648Email: [email protected]

CAROL LUECKE, CHIEF OF BENEFITS – PROCESSING DES CLAIMS, SHARED WORK, AND WORK SEARCH WAIVERS.

Phone: (573) 751-4012Email: [email protected]

Benefit Charge Statement questions --- 573-751-4034

APPEALS CONTACTSAPPEALS CONTACTSRON MILLER, CHIEF APPEALS REFEREE – QUESTIONS CONCERNING APPEALS

DECISIONS, PROCEDURES, REGULATIONS OR OTHER APPEALS-RELATED ISSUES:

PHONE: (573) 751-3913

JIM SKAIN, SUPERVISOR – QUESTIONS CONCERNING APPEALS

DECISIONS, PROCEDURES, REGULATIONS OR OTHER APPEALS-RELATED ISSUES

PHONE: (573) 751-3913

Email: [email protected]

TAX CONTACTSTAX CONTACTSCINDY GUTHRIE, CHIEF OF THE EMPLOYER

CONTRIBUTION SECTIONPhone: (573) 751-3328Email: [email protected] CHERYL MEISTER, MANAGER OF THE LIABILITY UNIT

– REGARDING QUESTIONS CONCERNING NEW

ACCOUNTS, STATUS CHANGES AND INDEPENDENT CONTRACTOR DETERMINATION ISSUES.

Phone: (573) 751-3331Email: [email protected]

ON-LINE SERVICEON-LINE SERVICE

MULTIPLE SERVICES/ INFORMATION AVAILABLE:

http://www.dolir.mo.gov/es/index.asp

OR

http://www.moclaim.com

QUESTIONSQUESTIONS??

Documents

HOW TO HANDLE UNEMPLOYMENT CLAIMS