Appeals

Who we are/What we do

The Appeals Tribunal is a quasi-judicial body housed in the Department of Labor and Industrial Relations, Division of Employment Security. Its function is to hear and decide appeals arising primarily from determinations made by a Missouri Division of Employment Security official referred to as a deputy. The person who hears and decides an appeal from a deputy's determination is called a referee.

Referees conduct hearings and issue written decisions in regular unemployment insurance benefit appeals, appeals involving the tax liability of an employer and in other, special unemployment insurance programs such as the Disaster Unemployment Assistance (DUA) Program, the Trade Readjustment Assistance (TRA) Program, and the Extended Unemployment Compensation Program (EB).

Generally, a worker is entitled to receive unemployment compensation benefits if he or she:

• Has earned sufficient wages from insured work
• Has left his or her employment for non-disqualifying reasons
• Is able to work and available for work
• Is actively seeking work

The worker sets the unemployment claims process in motion by filing an initial claim for benefits. A deputy will then make one or more determinations about that claim. Each determination is subject to an appeal. Once an appeal is filed, the case enters the jurisdiction of the Appeals Tribunal.

Independence of the Appeals Tribunal

The Missouri Employment Security Law provides for a fair and impartial hearing to all parties affected by a deputy's determination as required by federal law. The decision-making process of the Appeals Tribunal is completely independent of the Missouri Division of Employment Security and its sections.

It is a basic requirement for a fair hearing that a referee be free to make a decision upon the merits of a case by exercising his/her own independent judgment. In making a decision, the referee is required to follow the Missouri Employment Security Law, applicable federal law and regulations, and the Division's regulations. He/she is also required to adhere to court decisions interpreting these statutes and regulations. Within these limits, however, he/she is not bound to uphold the determination of the deputy. It is his/her duty to hear and examine all relevant and material evidence and render a fair and impartial decision based on that evidence.

While a referee must follow precedents set by the courts, the referee has some latitude in determining whether or not a particular case falls within the precedents established by the courts. The facts in a case before the referee may be distinguishable from those present in seemingly applicable precedent cases or court cases. Within reasonable limits, factual differences in cases will support different conclusions.

Hearings before the Appeals Tribunal

All parties to the appeal are provided an opportunity to appear at a hearing where a Referee takes evidence and sworn testimony regarding the issue under consideration. The hearing is "de novo", which means that the Referee hears the matter from the beginning and that the parties must present evidence to the Referee even though such evidence had been previously given to the deputy. The information that the Referee hears is most often about the circumstances surrounding the claimant's separation from employment. The parties have the right to have representation at the hearing and also to bring witnesses. The hearing is tape-recorded. The tape, together with the case file containing any documents entered into evidence, becomes the official record of the hearing. The Referee issues a written decision, which contains the Referee's findings of fact, conclusions of law and decision.

The party which loses as a result of the Referee's decision has 30 days to appeal that decision to the Labor and Industrial Relations Commission. The Division of Employment Security may also appeal the decision to the Commission.