Had unemployment hearing for misconduct and won, but now denied for refusing work.

by Ricky
(Missouri)

I was layed off from my job and my previous employer appealed my unemployment claim. I won the hearing and was "not denied unemployment for misconduct" and also was stated in the judgement that there was no proof that I refused work, as I was never offered it, and the employer could not prove that they did.

I waited awhile for my unemployment status to change, but it never did so I sent an email to a Missouri Department of Labor and Industrial Relations worker, and they told me that the hearing was about misconduct associated with work, and that I would have to file ANOTHER appeal for the "refusing work" claim.
So I was under the assumption that having already been addressed in the previous hearing, and having absolutely no reason to believe there was any issue with any misconduct. So since I only a day or two ago found out about this, and I've been waiting for awhile for them to get back into contact with me, my appeal is going to be past due.
I'm sure that my ignorance as to what was going on in my case is not going to fly, but do I at least have a tiny bit of a good reason for having a late appeal? Or does this appeal just need to be filed within 20-30 days from my LAST hearing?




Hi Ricky,

First things first.

Tell me what the determinations said. Both of them if you received two denials for both misconduct and refusal of work.

And then, I hope you still have your hearing notice .. tell me what the "ISSUES" were.

Are they and the "hearing decision" talking about the same refusal of work?

If they are .. I would fax a copy of the hearing decision to them and tell them the issue has already had a decision rendered on it and to give you your benefits .. please.

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Jun 21, 2010
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Determination
by: Ricky

DECISION:

The deputy's determination is affirmed.The claimant is not disqualified for benefits by reason of the claimant's discharge from work on January 10, 2010.

That's what the decision was, but right above that in the hearing details, it's also noted:

"Further, the claimant testified that he was not offered any other work by the employer. The employer did not provide any first hand testimony to show there was an offer or work. The claimant was, therefore, discharged because of a lack of work. The Appeals Tribunal concludes the claimant's discharge was not for misconduct connected with his work."

See, I was working for a security organization and they lost the contract with the client at the location that I worked because some of the other guards that had also worked there had engaged in theft. I didn't even realize there was any issue of misconduct in the first place, but I understand that the employer had to try and "prove" misconduct to avoid paying UI.

But yea, I still have the deputy's determination letter. But like I said, it just seems like it should be obvious that I shouldn't be disqualified for "refusing work" when it's already been noted in the hearing, but that's what the worker from the department of labor told me I should do, but that it would be a late appeal and I would have a hard time getting it.



Here's another suggestion .. look at the hearing NOTICE which gave the date and time for the hearing .. it includes the issues to be addressed.

If you see a problem .. you need to call the appeal section.

Although it depends on the particular state .. the hearing notice either presents two issues .. such as "voluntary quitting with or without good cause and discharge for misconduct with or without good cause" .. or a state might just include the one that is obvious .. or like in PA they give a list of numbers and a list to reference and include a sentence that says any of the other issues may also be addressed.

For a hearing officer to have jurisdiction to listen to something on appeal .. there has to be a determination issued .. if the deputy determination denying benefits for refusal of work was issued after that hearing .. I would be confused to. If the deputy issued two separate determinations or "modified" the original .. that also should be appealed.

I really do need to move this question to the FAQ's on appeals, so if you can't find your thread later .. that's where it will be.


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