July 19, 2016 Unemployment No Comments

If your claim for unemployment benefits has been denied in Missouri, you should speak to an experienced St. Louis unemployment attorney as soon as possible.   You have the right to appeal a denial of unemployment benefits and if you win the appeal you can receive all of the benefits to which you are entitled including retroactive benefits.

Denied Claims

Unemployment claims are denied for many different reasons including:

  • Earnings Requirements:  It is necessary for a Missouri resident to earn a minimum amount in wages who are covered by the state’s unemployment laws during a 12-month time called the “base period.”  One requirement is that the individual applying for unemployment must have earned at least $2,250 during the base period.
  • Quitting:  To qualify for unemployment it is necessary that the applicant quit work through no fault of their own.
  • Misconduct:  An applicant is not eligible for unemployment if they were fired for misconduct.

Appeal Hearing in St. Louis

A hearing will be scheduled after you and your attorney file an appeal.   Most hearings are scheduled to be heard by phone, although it is possible to request an in-person hearing.

At the time of the hearing, the administrative judge will ask questions, review documents, and make a decision on your appeal.

After the hearing, you will receive a written decision confirming whether or not you should receive benefits.  If you win the appeal, there is nothing further to do.  If you lose the appeal, it is possible to file an appeal with the Missouri Labor and Industrial Relations Commission[1].

Contact an Experienced St. Louis Unemployment Lawyer

If you were terminated from your St. Louis employment, or were forced to quit as a result of your work environment, it is important to speak to an experienced St. Louis unemployment attorney as soon as possible. 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

In order to make sure that your legal rights are protected during all aspects of the process, call Kenneth P. Carp today at (636) 947-3600 to schedule a free consultation to discuss your case.

References
[1] http://labor.mo.gov/LIRC/appeal

 

 

 

 

 

Written by kennethpcarplaw@gmail.com