Employer's Protest Upon Receipt Of Claim Notice

If an employer has information which it believes would cause an individual to be held ineligible or disqualified from receiving benefits, it should immediately file a protest with the Regional Claims Center of the Division where the claim was filed. The protest can be filed by mail or by FAX. The location of the claimant's office is shown on the claim notice. A protest cannot be considered timely unless it is filed within 10 days after the claim notice was mailed. If filed by mail, the U.S. postmark or private meter date is used to determine the date of filing. If there is both a postmark date and a private meter date, the postmark date is used. If there is no U.S. postmark or meter date, the date received by the Division will be the controlling date.

Information Needed In Employer Protests

When filing a protest, the employer should provide all available facts in regard to the case, including the date the worker was discharged, quit or refused work. Information on payments such as holiday, vacation, W.A.R.N., or pension should also be included in the protest. This will assure that all facts are considered by the deputy in making the determination. It will also permit the deputy to make a determination without taking up the employer's time to secure a second statement. The following summary outlines the type of facts needed by the Division's deputy:

1. Quit without good cause attributable to work:
   1. What the former employee said or did to indicate an intention to quit. If an individual simply failed to show up for work, make a statement to that effect giving the date last worked;
   2. Complaints made by the worker concerning the work, requests for transfer to other work or for leave of absence;
   3. Any statements by the former worker about the reason for leaving and future plans;
   4. Failure to report for work when called back after a temporary layoff. Give date the claimant was to report for work;
   5. Failure to return to work after expiration of authorized leaves - sick leave, vacations, etc. Give date worker failed to return;
   6. If retirement is pursuant to terms of union contract or established policy of the employer, what were the terms of the retirement agreement.
   7. If employer is a temporary help firm, did worker contact the temporary help firm after assignment ended and prior to filing for unemployment benefits for reassignment? Was the worker informed of the obligation to contact the employer upon completion of the assignment and that failure to do so may result in denial of benefits? If contact was made, give date of contact and result of contact.
2. Refusal of work by a claimant:
   1. Evidence to show that the work offer was bona fide and was communicated to the individual. How notified - type of work - rate of pay - hours of work - location of job - date to report;
   2. Reason given by the claimant for refusing the offer and the date the job was refused;
   3. Facts about the claimant which would help the claims deputy in deciding whether the individual was justified in refusing.
   4. If you have work available for this claimant, you may offer it at any time during the claimant's benefit year. Contact the Regional Claims Center serving your area or indicate on the claim notice and return to the address on the notice.
3. Drug and alcohol related discharge:
   Section 288.045 of the Missouri Employment Security law addresses discharges due to a positive drug and/or alcohol test and what is necessary to find misconduct under this section of the law.
4. Discharge for misconduct in connection with work:
   1. The date employee was discharged.
   2. All incidents of unsatisfactory conduct which played a part in the disciplinary actions, such as warnings and reprimands - gross negligence - absenteeism - willful inefficiency -dishonesty.
   3. What was said to the former employee and what the employee said or did;
   4. What is employer's policy regarding incident that led to discharge and how would claimant have been aware of this policy?
5. Layoff for lack of work: You should not protest a claim based on a separation for this reason.
6. Ability to work and availability to work.
   1. One of the chief provisions in the law which distinguishes unemployment insurance from a public assistance program is that for each week of unemployment for which benefits are paid, the claims deputy must find that the claimant is able to work, available for work and actively and earnestly seeking work.
   2. The requirement of making an active and earnest search for work may be waived for those individuals who are unemployed through no fault of their own and have a definite recall date within eight weeks of the first day of their unemployment. Employers may request in writing to extend the work search waiver for recall dates beyond eight weeks but not to exceed sixteen weeks. These requests will be granted at the discretion of the Director.
   3. Claimants are required to register as job applicants with the Division of Workforce Development and are thereby exposed to job orders which employers file.
7. Payments for holiday, vacation, W.A.R.N., or pension.
   Holiday or vacation pay:
   1. Number of hours of holiday or vacation pay and amount of pay
   2. Period pay will cover, if designated
   3. Anticipated date holiday or vacation will be paid
   4. Normal pay dates
   W.A.R.N.:
   1. Period of time pay will cover
   2. Amount of pay
   3. Normal weekly or hourly rate of pay
   4. Normal number of hours worked each week
   Pension:
   1. Amount of pension before deductions
   2. When pension will start
   3. Percentage of contribution to the pension fund by the employer
   4. Were the wages used to establish the unemployment claim (base period wages) also used in the calculation of the pension?