Unemployment Hearings

Missouri unemployment benefits are designed to help employees transition from one position of employment to another. In Missouri, unemployment claims are processed through the Missouri Department of Labor, Division of Employment Security.

The Unemployment Benefit Process

The Division of Employment Security determines eligibility for benefits, including the amount of any such entitlement. Applicants must properly follow the administrative requirements to receive unemployment benefits.

Benefits may initially be denied if an employer challenges a former employee’s eligibility. When this occurs, a hearing can be requested by either the employer or the employee so that the Division of Employment Security can make a final determination as to eligibility for unemployment benefits.

Division of Employment Security Hearings and Appeals

Unemployment hearings may be held by telephone or in person at the Division of Employment Security. In most cases, a decision is not rendered at the end of the hearing, and the referee later submits a lengthy decision articulating the basis for granting or denying benefits.

If either party believes a Division of Employment Security decision is incorrect, it can appeal the decision. To establish the legal basis for an appeal, legal counsel is generally in a party's best interest. Initially, legal counsel can advise as to whether an appeal would be feasible. Later, legal counsel can help articulate the reasons as to why the decision was wrongly decided. It is important to note that requests for appeal must be made within a relatively small window of time.

The Decision to Seek Legal Counsel

While legal counsel is not always necessary in unemployment benefit hearings, both employers and employees have the right to consult with an attorney. Prior to a hearing, legal counsel can help determine the bases upon which benefits might be denied or obtained. Such an analysis is essential to determining the best strategic position for a successful outcome.

Both parties also have the right to legal counsel at the time of a hearing. During the hearing, counsel can help present a party's case in the most persuasive light. Representation made with a thorough understanding of the legally relevant facts and issues can have a significant impact on the ultimate decision reached.

Several additional factors may impact the decision to retain legal counsel. It is important to consider whether the hearing may impact other legal matters, such as claims of discrimination for employees or other unemployment hearings for employers. Another important consideration is simply the amount of money at stake in unemployment benefits.

Contact Experienced Legal Counsel

To obtain legal guidance and representation through the unemployment benefit process, contact the Law Offices of Kevin J. Dolley by phone at (314) 645-4100 or by email at kevin@dolleylaw.com. All legal consultations are held strictly confidential.