Can an employer appeal a deputy’s determination?

If an employer disagrees with a determination, it may file an appeal. It also may appeal if it believes that the law was incorrectly applied or that all the facts were not considered when the determination was made. An appeal may be filed by any employee of a corporation, partnership, or other business entity authorized by law. An appeal also can be filed by a licensed attorney.

Appeal rights and time limits are explained on each determination. If an appeal is not filed within the time limit, the employer may lose its right to appeal. The time limits for filing can only be extended for "good cause." Generally, only circumstances beyond one’s reasonable control will be considered good cause for late filing.

After an appeal is filed, the Appeals Section will notify involved parties of the date, time, and method of the hearing. All interested parties taking part in the hearing will be allowed to provide sworn testimony. A written decision will be mailed to all interested parties after the hearing. The decision may affirm, reverse, modify, or remand the deputy′s determination.

If the employer is dissatisfied with the referee′s decision, it may carry the case through subsequent appeal stages to the Missouri Labor and Industrial Relations Commission and then to the courts for a final decision.

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