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Protest: How can the employer protest the claim?

If an employer has information that it believes would cause an individual to be held ineligible or disqualified from receiving unemployment benefits, it should immediately file a protest following the instructions on the claim notice. 

When filing a protest, the employer should provide all available facts regarding to the case, including relevant dates, information on payments such as holiday, vacation, WARN pay, pension, or etc. This will assure that all facts are considered by the deputy in making the determination. It also will permit the deputy to make a determination without taking up the employer′s time to secure a second statement.

The following summary gives the most common grounds for an employer protest and the documentation the deputy would need for each:

  1. If the claimant quit:
    • What the claimant said or did to indicate an intention to quit. If an individual simply failed to show up for work, make a statement to that effect giving the date last worked;
    • Complaints made by the claimant concerning the work, requests for transfer to other work, or for leave of absence;
    • Any statements by the claimant about the reason for leaving and future plans;
    • The date(s) the claimant failed to report if called back after a temporary layoff;
    • The date(s) the claimant failed to report if called back after sick leave, vacations, etc;
    • The terms of any applicable retirement agreement according to a union contract or employer policy;
    • If employer is a temporary help firm, did claimant contact the temporary help firm after assignment ended and prior to filing for UI benefits for reassignment? Was the claimant informed of the obligation to contact the employer upon completion of the assignment and that failure to do so may result in denial of benefits? If contact was made, give date of contact and result of contact;
    • Any attempts the employer made to accommodate the claimant’s requests or to address any issues the claimant complained about;
    • Any requests the employer made for documentation and the responses received from the claimant.
  2. If the claimant refused work:
    • Evidence to show that the work offer was bona fide and was communicated to the claimant, including how the claimant was notified, type of work, rate of pay, hours of work, location of job, date to report, etc;
    • Reason given by the claimant for refusing the offer and the date the job was refused;
    • Any facts about the claimant that would help the claims deputy in deciding whether the individual was justified in refusing.
    • If you have work available for this claimant, you may offer it at any time during the claimant′s BY. Contact the RCC serving your area or indicate on the claim notice and return to the address on the notice.
  3. If the claimant was discharged for drug and alcohol related issues:
    • Section 288.045 of the Missouri Revised Statutes addresses discharges due to a positive drug and/or alcohol test and what is necessary to find misconduct under this section of the law.
  4. If the claimant was discharged:
    • The date of the discharge and who discharged the claimant.
    • All incidents of unsatisfactory conduct that played a part in the disciplinary actions, such as carelessness or negligence, absenteeism, inefficiency, dishonesty, etc
    • Details of all warnings and reprimands, written and verbal.
    • Details of the final incident that resulted in the discharge.
    • The policy regarding the incident that led to discharge and how the claimant would have been aware of this policy. Attach a copy of the policy with the protest.
  5. If the claimant is laid off for lack of work:
    • You should not protest a claim based on a separation for this reason.
  6. If the claimant’s ability to work and availability to work is in question:
    • Before UI benefits will be paid each week, the claims deputy must find that the claimant is able to work, available for work, and actively and earnestly seeking work.
    • The requirement of making an active and earnest search for work may be waived for those individuals who are unemployed through no fault of his/her own and have a definite recall date within eight weeks of the first day of his/her unemployment. Employers may request in writing to extend the work search waiver for recall dates beyond eight weeks, but not to exceed 16 weeks. These requests will be granted at the discretion of the DES Director.
    • Claimants are required to register as job applicants with the Division of Workforce Development and are thereby exposed to job orders that employers file.
  7. If there are payments for holidayvacationW.A.R.N., or pension:

    Holiday or vacation pay:
    • Number of hours of holiday or vacation pay and amount of pay;
    • Period pay will cover, if designated;
    • Anticipated date holiday or vacation will be paid; and
    • Normal pay dates.
    • Period of time pay will cover;
    • Amount of pay;
    • Normal weekly or hourly rate of pay; and
    • Normal number of hours worked each week.
    • Amount of pension before deductions;
    • When pension will start;
    • Percentage of contribution to the pension fund by the employer; and
    • Whether the wages (base period wages) used to establish the UI claim also were used in the calculation of the pension.

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