Benefit Claims Missouri UI Terms

Filing of Benefit Claims

A claim may be filed when a worker is totally or partially unemployed. If an individual files a new claim, it is effective as of the Sunday preceding the date of filing, regardless of the day of the week on which it is filed.

The benefits paid when working less than full time will be the difference between the claimant's weekly benefit amount and that part of the claimant's wages for the week that are in excess of $20 or 20% of the weekly benefit amount, whichever is greater. Unemployment Claims can be filed by Internet or telephone. Instructions on how to file can be found at How Do I Start A Claim?.

The Electronic Mass Claims Filing system is available to employers during a temporary mass layoff. Employee information provided by the employer allows the Division to quickly and efficiently file initial and renewed unemployment claims on behalf of employees. This filing is available when at least 20 workers are totally unemployed. The temporary layoff cannot exceed eight consecutive weeks. For additional information, contact the Unemployment Insurance Programs Section at 573-751-3641 or on the Internet at www.moclaim.com, Electronic Mass Claims Filing.

Benefit Year

When a worker files a new claim and has been paid sufficient wages to qualify for benefits, an effective date for the claim is established as stated in preceding paragraphs. This effective date also establishes the claimant's benefit year as the one-year period beginning with such effective date.

Base Period

Benefits which may be payable to a claimant during a benefit year are based on wages paid in the base period, which is the first four of the last five completed calendar quarters immediately preceding the effective date of the claim. In order to qualify as an insured worker, a claimant must have wages for insured work in at least two quarters of their base period; must have been paid wages for insured work of $1,400 or more in one quarter of their base period for claims filed in 2007 and $1,500 or more in one quarter of the base period for claims filed in 2008. Total wages in their base period must be at least one and one-half times their high quarter wages.

Claimants not meeting the above provisions may qualify under an alternate method by having been paid wages for insured work in at least two quarters of their base period with total base period wages which equal one and one-half times the maximum taxable wage base. The taxable wage base for claims filed in 2007 is $11,000. This amount is $12,000 for 2008.

Weekly and Maximum Benefits

For claims filed in 2007, the claimant's weekly benefit amount (WBA) is calculated at 4% of the highest quarterly wages in the base period, not to exceed $280. All weekly benefits are rounded down to the next lower multiple of $1.00. If the highest quarterly wages are $7,000 or higher, the weekly benefit amount will be $280 per week.

For claims filed January 1, 2008 or later, the weekly benefit amount is calculated at 4% of the average of the two highest quarters of the base period wages, not to exceed $320. If the average of the two highest quarters is $8,000 or higher, the weekly benefit amount will be $320 per week.

The maximum benefit amount (MBA) is computed at one-third of the wage credits in the base period or 26 times the WBA, whichever is less. Wage credits used in each quarter to calculate the MBA are limited to a maximum of $7,280 (26 x $280 = $7,280) or 26 x the claimant's WBA, whichever is less. Effective January 1, 2008 or later, the MBA is $8,320, providing the claimant has sufficient wages to qualify for the maximum amount.

Extended Benefits

When the rate of insured unemployment in Missouri equals or exceeds levels specified in the law, an eligible claimant may be paid extended benefits. The maximum amount of extended benefits payable to an eligible individual is the lesser of 50% of the amount of regular benefits or 13 times the weekly benefit amount which was payable to the claimant in the benefit year. The cost is financed by Missouri employers and the federal government.

Claim Notices

When a new claim is filed and the Division finds the claimant has had sufficient wages to qualify for benefits, a notice of the claim is mailed to the last employing unit for which the claimant worked and to each employer in the claimant's base period. Should a claimant renew this claim for benefits at any time during this benefit year, a similar notice is mailed to the last employing unit for which the claimant worked and to any base period employer who has filed a request to be notified the next time the claim is renewed.

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 Claim Center of the Division where the claim was filed. The protest can be filed by mail, or by FAX. The location of the assigned Regional Claims Center 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.

Benefit Eligibility Requirements

In order to be eligible to receive benefits, a claimant must be totally or partially unemployed, able to work and available for full-time work. In order to be considered available for work, the claimant must be actively and earnestly seeking employment. A claimant may be ineligible if unemployed because of a suspension for misconduct connected with work, a stoppage of work due to a labor dispute or while the claimant is receiving other remuneration, such as vacation pay, W.A.R.N. pay, holiday pay or employer pension.

If the Division finds the claimant was discharged for misconduct connected with work, the disqualification can only be terminated if the claimant earns six times his/her weekly benefit amount in insured work after the date of discharge. If a claimant is disqualified on a subsequent discharge, the claimant shall be required to earn wages in an amount equal to or in excess of six times the claimant's weekly benefit amount for each disqualification.

A claimant may be disqualified until other employment is secured and at least 10 times the weekly benefit amount in insured work is earned if the claimant voluntarily left employment without good cause attributable to the employer or to the work. This same disqualification may apply if the claimant refused to apply for or accept suitable employment offered through the Division, designated staff of a state or state-controlled public employment office, or former employer.

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 claimant. 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?

Deputy's Determination In Answer To Employer's Protest

When a claimant files for a week of benefits and upon receipt of a timely employer protest, a deputy gathers all facts in regard to the claim and issues a determination showing whether the claimant is disqualified from receiving benefits or is eligible to receive benefits. A copy of this determination is mailed to the employer filing the timely protest. In case the determination denies benefits to the claimant for any reason, the employer will be notified of the date the claimant became eligible.

When the deputy's determination disqualifies a claimant as a result of separation from work or because of refusal to accept work with the employer, the account of a contributing employer will not be charged with any subsequent benefits paid the claimant based on wages paid prior to the date of the separation or job refusal. There is no account charge protection for reimbursable employers. They will be liable for all benefit payments.

A deputy's determination involving only an eligibility issue does not relieve any employer's account of charges for weeks outside the specific ineligible period.

Appeal From Deputy's Determination

If you do not understand any determination or notice you receive about a claim, ask a claims representative for an explanation. If you disagree with a determination, you may file an appeal. You may appeal if you believe that the law was incorrectly applied or that all the facts were not considered when the determination was made. An appeal may be filed by any employee of a corporation, partnership or other business entity authorized by law. An appeal can also be filed by a licensed attorney.

Appeal rights and time limits are explained on each determination. If an appeal is not filed within the time limit, you may lose your right to appeal. The time limits for filing can only be extended for "good cause." Generally, only circumstances beyond your reasonable control will be considered good cause for late filing. You can file the appeal by mail or fax to the address listed on the determination.

After an appeal is filed, the Appeals Section will notify you of the date, time and method of the hearing. All interested parties taking part in the hearing will be allowed to provide sworn testimony. A written decision will be mailed to all interested parties after the hearing. The decision may affirm, reverse, modify or remand the determination of the deputy.

If the employer is dissatisfied with the decision of the referee, it may carry the case through subsequent appeal stages to the Missouri Labor and Industrial Relations Commission and then to the courts for a final decision.

Benefit Payments

A claimant who is determined eligible for benefits must serve a waiting week before being paid benefits. Only one waiting week is required during the benefit year. After serving the waiting week the claimant is paid benefits for subsequent weeks of total or partial unemployment if not disqualified and the deputy finds that all the eligibility requirements of the law have been met. Beginning in 2008, the waiting week will be paid once the balance on the claim is equal to or less than the payable amount for a week.

If a claimant has received benefits and later receives a backpay award for the same period, the claimant may be overpaid if the backpay is ordered by a governmental agency, court of competent jurisdiction or as a result of arbitration proceedings.

If an overpayment is established under these circumstances, the employer is required to withhold from the backpay award the amount of benefits determined overpaid. This amount is then paid to the Division by the employer.

In order for the employer to determine the amount of benefits paid in these cases, the employer should contact the central office of the Division.

Penalties

A penalty may be assessed when an employer commits fraud by misrepresenting, misstating or failing to disclose information in order to deny unemployment benefits. For a first occurrence of fraud, the amount of penalty is 25% of the amount of benefits denied. The amount of penalty goes up to 100% of the amount of benefits denied for subsequent occurrences of fraud.

An employer can also be found guilty of a misdemeanor and subject to a fine or imprisonment in the county jail for making a false statement or knowingly failing to disclose a material fact to prevent or reduce the payment of benefits.

To Contact a Regional Claims Center

Employers needing to speak to a claims representative should contact the Regional Claims Center that serves their area. The Claims Centers are open and accepting telephone calls from 8:00 AM to 5:00 PM, Monday through Friday. Your wait time on the telephone will be less if you know your unemployment insurance tax account number or federal employer identification number. From a touchtone telephone, select option '3' for "employer information" then follow the automated instructions. The telephone numbers for the Centers can be accessed at: http://www.dolir.mo.gov/es/ui-benefits/esuib.asp?wfaq=290.

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