| Q. |
Who can file an appeal? |
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| A. |
You, or any of your former employers who are affected by a determination of the deputy can appeal from the denial or the award of benefits. The appeal must be signed.
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| Q. |
What happens once an appeal is filed? |
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| A. |
It will be forwarded to the Appeals Tribunal in Jefferson City so that a hearing before a referee may be scheduled.
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| Q. |
What happens if one of the parties doesn't participate in the hearing? |
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| A. |
If you are the appealing party and you do not participate in the hearing, the appeal will be dismissed and the deputy's determination will stay the same. If the employer appealed and you do not participate in the hearing, the referee's decision may be based solely on the employer's testimony. If the referee rules in favor of the employer, you may have to repay all or part of the unemployment compensation benefits which you received.
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| Q. |
What should I do if I cannot participate in the hearing? |
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| A. |
Notify the referee assigned the case immediately when you know you cannot participate in the scheduled hearing and request a postponement. The referee's name is printed in the middle of the Notice of Hearing. The referee's telephone and fax numbers are printed at the bottom of the Notice of Hearing. Postponements are granted only for very good reasons. Make sure that you notify the referee as soon as possible before the hearing if you are unable to attend for any reason.
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| Q. |
Do I need a lawyer? |
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| A. |
You have the right to have an attorney or authorized agent represent you at the hearing. You must make those arrangements yourself. Legal services programs may provide free or reduced cost legal representation to qualified claimants. An authorized agent is someone you know who agrees to represent you at the hearing, and does not charge you a fee for the representation. If you plan to get representation, do so as soon as possible. You must decide before the hearing whether you need representation. You will not be given a new hearing just because you later decide that you should have been represented.
By carefully following instructions, an unrepresented claimant should be able to gather the evidence necessary to present his or her case. The referee will help you present your case at the hearing.
If you have other legal disputes with your employer, such as arbitration, workers' compensation or discrimination cases, and are represented in those disputes, you should tell your attorney about your unemployment claim. Although an unemployment compensation decision cannot be used against you in any other case, what happens in your unemployment hearing may affect other disputes with your employer.
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| Q. |
How should I prepare for the hearing? |
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| A. |
Start immediately to gather any papers that relate to the issue such as correspondence from your employer, union contracts, warning notices or medical statements. Also, be certain that any eyewitnesses or others who have direct knowledge of the events in question are available to attend the hearing.
It is your responsibility to present evidence and testimony to prove your case. The referee will not investigate or contact witnesses for you. The referee will decide the case upon the evidence presented during the hearing.
Since the hearing before the referee is the only chance you will have to tell your story, be prepared to tell the referee everything you think is important and to present all witnesses and evidence during the hearing. You will not be allowed another hearing by the Labor and Industrial Relations Commission to present evidence which you failed to offer the first time unless you show that it is newly discovered evidence.
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| Q. |
How will the hearing be conducted? |
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| A. |
The referee will explain the hearing procedure and set out the issue for the hearing. All parties and witnesses must testify under oath or affirmation.
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| Q. |
How will I know what to tell the referee? |
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| A. |
The referee will ask questions designed to obtain the necessary information. Listen carefully to the questions, and answer as directly and plainly as you can. Give complete and accurate information, but do not ramble or bring in unrelated information. You will be permitted to question the other parties and witnesses. Before the end of the hearing, the referee will give you an opportunity to add anything you feel is important and make a closing statement.
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| Q. |
How will I be informed of the decision? |
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| A. |
A written decision will be mailed to you, your attorney or agent, and the employer (if an interested party). The decision will explain your right of appeal if you are dissatisfied with the decision.
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| Q. |
What can I do if the decision is not in my favor? |
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| A. |
If you disagree with the referee's decision, you can file an application for review to the Labor and Industrial Relations Commission. You are not required to state the reasons why you disagree with the decision but you may set out a brief statement of why you think the decision is incorrect. If you did not participate in the hearing, the case will not be reopened unless you establish that you had a good reason for not attending. If the case is reopened, another hearing will be held and a new decision will be issued, which can also be appealed.
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