| Q. |
Who can file an appeal? |
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| A. |
Any officer or employee of the employer, a licensed attorney on the employer's behalf or the claimant, may file an appeal from the deputy's determination. 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 do not participate in the hearing, the appeal will be dismissed and the deputy's determination will stay the same. If the claimant appealed and you do not participate in the hearing, the referee's decision may be based solely on the claimant's testimony. Therefore, it is very important that you attend the hearing unless a postponement is granted.
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| Q. |
What should I do if I cannot attend the hearing? |
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| A. |
Notify the referee assigned the case immediately when you know you cannot attend the scheduled hearing and request a postponement. The referee's name is located 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 participate 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 represent you at the hearing. You must make those arrangements yourself. Any officer or full-time managerial employee, including supervisors, may represent you at the hearing. If you plan to have a lawyer, 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 the instructions, you should be able to gather the necessary evidence to present your case. The referee will assist you in presenting your case. If you have other legal disputes with your employee, such as arbitration, workers' compensation, or discrimination cases, and you are represented in those disputes, you should inform your attorney about the unemployment appeal. Although an unemployment compensation decision cannot be used against you in any other case, what happens in the unemployment hearing may affect other disputes with your former employee.
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| Q. |
How should I prepare for the hearing? |
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| A. |
Start immediately to gather any papers relating to the issues such as correspondence from the claimant, union contracts, warning notices or medical statements. Also, be certain that any witnesses, who are eyewitnesses or who have other direct knowledge of the events in question, are available to participate in 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 that is presented during the hearing.
Since the hearing before the referee is the one 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 issues 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, the claimant and the claimant's attorney, if any, as soon as possible. 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 referee's 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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