Missouri Unemployment Claims Attorney
Helping both employees and employers with the claim process
The claim process regarding unemployment benefits can be complicated for all parties involved. It is important for employees who have lost their job to obtain any benefits they deserve so they can continue to support themselves until they secure new employment. On the other hand, companies should not be required to pay unemployment taxes for benefits paid to employees who should have had their claims denied. At the Law Offices of Kenneth P. Carp, we understand how important it is for both employees and employers to have quality legal representation throughout the unemployment claims process in Missouri, so please call us today at 636-947-3600 to discuss your case.
Filing an unemployment claim
After losing a job, it is the responsibility of the former employee to file a claim with the Missouri Department of Employment Security, depending on where they were previously employed. Simply filing a claim does not guarantee that your benefits will be approved, however, as you must comply with certain filing requirements and certain mistakes may delay your benefits or disqualify you altogether. An attorney can help you avoid errors during the claims process in Missouri so that you have the best chance of receiving the unemployment benefits you deserve.
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.
Contesting an unemployment claim
When an employee files a claim for unemployment benefits, there are certain circumstances under which an employer may contest that claim. For example, you may want to contest a claim if the following apply:
- The employee was fired due to serious misconduct
- The employee quit with no “good cause”
- The employer believes the employee may file legal action for wrongful termination
Deciding whether to contest an unemployment claim is a big decision, as contesting a claim may drain resources, such as time and money. Unless you have valid grounds on which to contest an employee’s claim, it may be less costly to allow the benefits to go forward. An experienced lawyer can evaluate the situation and advise you on whether a contest is a good idea.
Unemployment Claims in Missouri
Contact an unemployment claims attorney in Missouri for help today
Whether you are an employee or employer, an experienced lawyer at the Law Offices of Kenneth P. Carp can assist you with every step of the unemployment claims process and will work diligently so you receive a favorable result. If you need to file a claim or contest a claim, contact our office today at 636-947-3600 to schedule a free consultation.