Unemployment Law Attorney in Springfield, Missouri

Unemployment compensation in Missouri is designed to provide temporary financial assistance to people who lose their jobs through no fault of their own. This serves as a safety net, helping them maintain financial stability while they search for new employment. 

Missouri employers and employees must familiarize themselves with employment laws and the compensation process to comply with state regulations and protect their rights during unemployment.

Raymond B. Lampert of Lampert Law Office, LLC explains the key components of Missouri’s unemployment compensation, how the process works, and the role of an employment law lawyer

What Is Unemployment Compensation in Missouri?

Unemployment compensation in Missouri, governed by the Missouri Division of Employment Security (DES), provides benefits to eligible unemployed workers. These benefits are typically paid for a limited period and are based on a worker's past earnings. The purpose is to help people support themselves while they search for a new job.

Eligibility for Unemployment Benefits in Missouri

To qualify for unemployment benefits in Missouri, workers must meet the following basic eligibility requirements:

1. Sufficient work history: Workers must have worked in Missouri for at least 12 months or earned enough wages during their base period to qualify for unemployment benefits. The base period is typically the first four of the last five completed calendar quarters before the claim is filed.

2. Loss of employment through no fault of their own: Employees who are laid off due to a lack of work or a reduction in force are typically eligible for unemployment benefits. However, employees who voluntarily resign or are fired for misconduct may not qualify for benefits.

3. Ability and availability to work: Workers must be able and available to work while receiving unemployment benefits. This means that they must be actively looking for a new job and willing to accept suitable employment when it is offered.

4. Weekly certification: Unemployed workers must file weekly claims to receive benefits. This process involves certifying that they are still unemployed, available for work, and actively searching for new employment.

5. Income limits: Unemployment benefits are based on previous earnings, but there are maximum and minimum limits on the amount a worker can receive. The amount of benefits is generally calculated as a percentage of the worker’s average weekly earnings during the base period up to the state’s maximum allowable benefit amount.

If you believe you qualify for unemployment benefits but have faced challenges in receiving them, an employment law attorney can show you how to proceed and help resolve possible disputes.

The Unemployment Application Process

The process of applying for unemployment benefits in Missouri is straightforward, but it's important to understand the steps involved to avoid delays or denials. The steps of this process include:

1. Filing a claim: To apply for unemployment benefits, individuals must file a claim with the Missouri Division of Employment Security (DES) either online or by phone. They must provide personal details, such as employment history and reason for separation from the previous employer.

2. Determining eligibility: Once a claim is filed, the DES will review the individual's work history and other eligibility criteria to determine if they qualify for benefits. If they meet the eligibility requirements, benefits will be issued.

3. Weekly certification: After the initial application, individuals must continue to certify their unemployment status each week. This involves providing updates on job search activities and confirming that they are still unemployed and available for work.

4. Payment of benefits: If the claim is approved, the worker will receive their unemployment benefits via direct deposit or debit card. The amount of benefits is based on the worker’s previous earnings, with the maximum benefit amount capped at a limit set by the state.

5. Appeals process: If a claim is denied or benefits are reduced, individuals can appeal the decision. An employment law lawyer can help guide them through the appeals process and advocate for their rights.

Common Reasons for Denial of Unemployment Benefits

There are several reasons why a claim may be denied. Some of the most common ones include:

• Voluntary resignation: Employees who voluntarily leave their jobs without good cause may not qualify for unemployment benefits. In Missouri, “good cause” includes unsafe working conditions, a significant reduction in pay, or health-related issues that prevent the worker from continuing employment.

• Fired for misconduct: Employees who are terminated for misconduct are generally ineligible for unemployment benefits. Misconduct may include theft, dishonesty, violence in the workplace, or repeated failure to follow company policies.

• Insufficient work history: If a worker does not have enough work history or earnings in the base period, their unemployment claim may be denied.

• Failure to meet eligibility requirements: If a worker fails to meet ongoing eligibility requirements, such as not actively searching for work or refusing suitable job offers, they may be disqualified from receiving benefits.

• Failure to file on time: Unemployed workers must file their claims promptly. Failure to do so can result in a delay or denial of benefits.

If your claim has been denied and you believe it was in error, an employment law lawyer can assist with filing an appeal and strive to protect your rights throughout the process.

Unemployment Benefits During COVID-19

The COVID-19 pandemic has significantly impacted the workforce in Missouri, with many businesses closing or reducing their workforce. In response, the state has temporarily expanded unemployment benefits to include those who would not normally qualify, such as self-employed individuals, gig workers, and independent contractors. 

Workers previously eligible for enhanced benefits or extended claims may no longer qualify. However, the standard unemployment benefits are still available to those who meet the eligibility requirements.

Employer’s Responsibilities and Obligations

Employers in Missouri have several obligations under the state's unemployment law. These include:

• Unemployment insurance tax: Employers are required to pay unemployment insurance taxes to fund the state’s unemployment benefits program. These taxes are based on the employer’s payroll and the unemployment history of their business. New businesses may have a higher tax rate until they establish a claims history.

• Filing wage reports: Employers must file quarterly wage reports with the Missouri Division of Employment Security, which includes details about employees' earnings and any unemployment claims filed against the business.

• Responding to unemployment claims: When a former employee files for unemployment benefits, the employer is notified and allowed to respond to the claim. Employers must provide accurate information regarding the circumstances of the worker’s separation, such as whether the employee resigned, was terminated, or was laid off.

• Appealing unemployment decisions: Employers can appeal decisions regarding unemployment claims if they believe the benefits were wrongly awarded.