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.

Unemployment - Employers

  1. I no longer have employees. How do I close my unemployment tax account?
  2. What is a benefit claim?
  3. What is a Mass Claim?
  4. What is the Shared Work Program?
  5. How is eligibility determined?
  6. How much can claimants receive?
  7. When and for how long can benefits be claimed?
  8. Will the employer be notified when a claim is filed?
  9. How can the employer protest the claim?
  10. What happens after an employer files a protest?
  11. Can an employer appeal a deputy’s determination?
  12. What penalties can be assessed against employers?
  13. How can I request a work search waiver (recall date) for my employees who will be laid off on a temporary basis?
  14. What is the taxable wage base?
  15. How do I figure excess wages?
  16. Do I use the wages paid by the previous owner of my business when figuring excess wages?
  17. How should I report a probationary worker?
  18. Do I have to report family members?
  19. Is a cafeteria plan reportable and taxable?
  20. I didn′t pay wages this quarter. Do I have to file a Quarterly CW Report anyway?
  21. How do I adjust wages that I reported previously?
  22. How do I report workers who work in more than one state?
  23. Do I have to pay Missouri unemployment tax?
  24. How do I get set up to pay state unemployment tax?
  25. What will my tax rate be?
  26. Now that I have employees, what other agencies should I contact?
  27. Where can I get a Federal Employer Identification Number (FEIN)?
  28. What are the requirements for federal unemployment tax?
  29. Is Missouri a "credit reduction state"?
  30. How can I reduce my tax rate?
  31. Am I required to file the Missouri Quarterly Contribution and Wage Report electronically?
  32. How, when, and where to submit or mail my Quarterly CW Reports, payments, and magnetic media?

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