Understanding Missouri Unemployment Appeal Processes

By Christopher Cross

Having already provided a disclosure statement in my "About" section that can be located on the left sidebar.  I will dispense appeasing those who seek to deprive free speech for the sake of attempting to own our judicial systems of government which inherently belongs to the people of this Country.

When a citizen is notified that he/she has been disqualified for their unemployment benefits claim there are generally two cause of action relied upon pursuant to Chapter 288 of the Missouri Revised Statutes and more specifically, section 288.050 subsections 1 or 2.

288.050.1(1) RSMo, is where "the claimant has left work voluntarily without good cause attributable to such work or to the claimant's employer."  However, this means that the cited cause of action cannot be such that it is "trivial" or where the employee was merely "hypersensitive" to the alleged wrongdoing of their former employer. 

In other words, the former employee must be put in a position where there is a likelihood or actuality of [substantial] harm being done to him/her.  Moreover, that the employer could reasonably foresee that the condition existing would force the employee to resign in their employment.  Whereas: 288.050.2 RSMo, is where the "claimant has been discharged for misconduct connected with the claimant's work." 

On their face values these statutes appear to be rather simple in defining the boundaries that determine whether or not a former employee qualifies for unemployment benefits.  However, rarely in matters of law are things so simple that we can rely solely on the face value of state statutory laws.  Because in our modern day and combining this with the overt immense corruption existing in the Division of Employment Securities and the Appeals Tribunal.  There is always a government official who will knowingly, willingly and perhaps even maliciously refuse to abide by clearly established laws. 

In cases where an employee has been terminated by their employer from their employment, the burden of proof falls on the employer to prove that the alleged violations of company policy rise to the level of actually being misconduct.  In this, Missouri Courts have held that it is not enough for the employer to merely allege the former employee engaged in miscondct attached to their work.  The employer has a steep burden to prove that the alleged misconduct was in fact deliberately done by the employee, in order to disqualify him/her from unemployment benefits.  See Dollar General v. Division of Employment Securities, et al , 134 S.W.3d 813, 817 (Mo. App. 2004).

The Missouri Supreme Court has held that "[w]hether or not the . . .has met its' burden, the Tribunal must examine the facts in the context of the whole record" see Hampton v. Big Boy Steel Erection , 121 S.W.3d 220, 223 (Mo. banc 2003). Therefore, it is important to give careful thought about what should and should not be entered into the official record of the appeal hearing.  Because if the appeal fails and therein goes to higher levels; ultimately leading to the Courts.  The review and determination the Court is based upon what is already on record, rather than permitting the party's to submit additonal evidence.

However, when an employee self-terminates his/her employment the burden of proof falls on the former employee to prove that their discharge resulted from misconduct attached to their employer's work.  Regrettably however, Missouri Courts are reluctant to recognize that during the probationary period employees are free to resign with or without cause and without prior notice, to-wit, is a common argument that employers rely upon to dispute a former employee receiving unemployment benefits claim.  And this of course is hypocritical where the applicant is required to sign an employment contract that affords the employer the legal right to investigate the application claims made and to discharge an employee with or without cause and without prior notice. 

In any event, The Missouri Division of Employment Appeals Tribunal operates under Chapter 288 of the Missouri Revised Statutes and Title 8 of the Code of State Regulations (requires Adobe Reader ).  Though the Missouri Appeals Court rejectect the Labor and Industrial Labor Commissions ruling that the the Division of Employment Securities Appeals Tribunal is governed only by Chpater 288 of the Missouri Revised Statutes.  See Associated Wholesalers Grocers v. Moncrief , 955 S.W.2d 37 (Mo. App. 1997).  In this, the Court held that because the statutory language of 536.070(10) RSMo, Administrative Procedure and Review (Rules of Evidence) is identicle to that which is also found in 8 CSR Sec 10-5.015 subsection (11)(B)(5).  Appeal hearings are subject to the due process rights found in state statutory laws governing rules of evidence in the administrative procedure and review process 

Unfortunately however, Appeal Referee's continue to knowingly and willingly act corruptly, refusing to abide by the Courts ruling for no other purpose than to avoid operating a fair and impartial trial that afforded employee like the employer, due process and equal protection of the law.  In other words, Referee's knowingly and willngly choose to tilt the scale of justice in a light most favorable to the employer by refusing to abide by the Courts ruling and given the employee the full spectrum of their rights. 

According to Ron Miller this is done [purportedly] because he claims that federal law requires the Appeals Tribunal to push through a certain number of cases each year.  Responding to this, I wrote to Miller and pointed out that this equates to an illegal quota system that effectively subjects or causes citizens to be subjected to discriminatory handling of cases and predisposes citizens to an abuse of process and the personal or corporate biases of Referee's and division personnel. 

What is actually required is that the Appeal be conducted within thirty days of being filed and the determination of the appeal be made by the forty-five day marker from the date the appeal was originally filed. 

Do not fret however becuase it is not impossible to win unemployment hearings

To be continued

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