How to Appeal A Determination

If you do not understand any determination or notice you receive, ask the deputy 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. Any employee of a corporation, partnership or other business entity authorized by law may file an appeal. A licensed attorney can also file an appeal.

Your appeal rights and time limits are explained on each determination. If you do not file 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.

You will receive a notice telling you when your appeal hearing will be held. It is important that you participate in the hearing since the decision will be based primarily on information given at the hearing. Failure to take part in the hearing may result in a decision against you.

At the hearing you will be given an opportunity to present your case. Facts in support of your position should be presented at this time. If witnesses are needed to help present your case, you must arrange for them to participate.

An employer's appeal does not cause a claimant's benefits to stop. If you win the appeal, however, these benefits may be overpaid. The claimant in such a situation must repay any overpaid benefits.

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.

Note: An Appeal cannot be filed by e-mail.

Appeals Tribunal Information