Since 2005, the general rule in Missouri is that former employees are entitled to receive unemployment benefits if the termination of their employment was not the result of misconduct. Many employers will argue that your reasons for leaving the job make you ineligible for payments or that you did not have a sufficient work history. We will determine whether your scenario should be considered misconduct under the present law.
If you believe you have been wrongfully denied unemployment benefits, one of our employment law attorneys may be able to help you to collect the payments that you deserve. Let a St. Louis unemployment appeals lawyer assist you with identifying the reasons for your denial, filing an appeal with the State, and appearing in person to argue your case before the Appeals Tribunal.
While every former worker is presumably entitled to unemployment benefits, there are some qualifying factors that determine a person’s eligibility for these payments. First, a worker must earn at least $2,250 in a calendar year, and at least $1,500 of these earnings must be earned during a quarter-year period. Second, a person’s total base period wages must be at least one and a half times their highest quarterly earnings.
However, perhaps the most important qualifying factor is why a worker left their job. In short, unemployment benefits are only available to those who are terminated from their employment. It follows that unemployment benefits are available after most firings and lay-offs.
However, people who quit voluntarily will need to prove that a hostile or dangerous work environment prompted their decision. Additionally, being fired for misconduct would also make a former worker ineligible to receive unemployment benefits. If a worker does meet these criteria, however, unemployment benefits may last up to 20 weeks per employee at a rate of $320.00 per week.
It is standard for an employer to challenge almost every single unemployment claim filed by an ex-employee. If the Department of Labor believes that a worker has improperly applied for unemployment benefits, it may deny the claim.
Even so, all denied unemployment applicants have the right to pursue an appeal with the help of St. Louis lawyer. The Division of Employment Security (DES) Appeals Tribunal is a subdivision of the Department of Labor and Industrial Relations that oversees all unemployment appeals in the State of Missouri. This Tribunal operates independently of the Department and hears each case from a fresh perspective.
A Referee will conduct a hearing either over the phone or in person. During this hearing, both a worker and their former employer have the right to present evidence concerning the employee’s time on the job and their eligibility for unemployment benefits.
When it comes to unemployment appeals hearings, it’s best to hire an attorney to represent your best interests. We’ll examine the circumstances of the employee’s termination and find out if a business should be held responsible for providing unemployment benefits. Selecting us to represent and advise you during unemployment appeals hearings can save you from a lot of trouble, as handling the hearing on your own could lead to:
The attorneys on our team are equipped to handle unemployment a hearings on behalf of former employees in St. Louis.
Any person who loses a job against their will could be eligible for unemployment benefits from their former employer. Unfortunately, collecting these payments is often difficult. The State and employers may withhold payments for a variety of reasons that can place significant financial strain on you and your family. Thankfully, you always have the right to appeal an unemployment denial.
Our St. Louis unemployment appeals lawyers are familiar with identifying the reasons for a denial, gathering additional evidence to support a claim, and making persuasive arguments before the DES Tribunal on behalf of denied applicants. Give us a call today to learn more about what our team can do for you.