How do I appeal an unemployment insurance denial in Missouri?
1. Agency. The Missouri Division of Employment Security (DES), within the Department of Labor and Industrial Relations, administers UI under Mo. Rev. Stat. Chapter 288.
2. Common Disqualifications. Voluntary leaving without good cause attributable to the work or employer (Mo. Rev. Stat. § 288.050.1(1)), discharge for misconduct connected with work (§ 288.050.2), refusal of suitable work (§ 288.050.1(3)), not able and available (§ 288.040.1(2)), or receipt of severance.
3. Determination Notice. A DES deputy issues a written Determination Concerning Claim for Benefits stating the reason and appeal rights.
4. Appeal Deadline. 30 calendar days from the mailing date of the determination (Mo. Rev. Stat. § 288.070.4). Late appeals require good cause.
5. Filing the Appeal. File through UInteract online, by mail to the Appeals Tribunal in Jefferson City, by fax, or in person at a Missouri Job Center.
6. First-Level Hearing. The Appeals Tribunal conducts a telephonic de novo hearing before a Referee (Mo. Rev. Stat. § 288.190). Both parties testify under oath, submit documents, and cross-examine.
7. Burden of Proof. Employer bears the burden on misconduct discharge by clear and convincing evidence (Mo. Rev. Stat. § 288.050.2); claimant bears the burden on good-cause voluntary leaving.
8. Decision. The Referee issues a written decision typically within 30 days.
9. Second-Level Administrative Appeal. Appeal to the Labor and Industrial Relations Commission within 30 days (Mo. Rev. Stat. § 288.200); review is on the record.
10. Judicial Review. Appeal to the Missouri Court of Appeals within 20 days under Mo. Rev. Stat. § 288.210; review is on the substantial-and-competent-evidence standard.
11. Continued Filing. Continue weekly certifications through UInteract to preserve back pay.
12. Overpayment. If you lose, DES issues an overpayment notice; non-fault waiver is unavailable, but repayment plans are possible (Mo. Rev. Stat. § 288.380.9).
This is legal information, not legal advice.
- DES alleges fraud with 100% penalty under § 288.380.9(8)
- Employer is represented at the Referee hearing
- Your separation overlaps with an MHRA discrimination claim
- Mo. Rev. Stat. § 288.050
- Mo. Rev. Stat. § 288.070
- Mo. Rev. Stat. §§ 288.190-288.210
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.