Section 10 Employer Protests

• Library: Employer-Employee Law 2008

Any base period employer or a claimant’s last employer may, within ten calendar days after the mailing of the notice of initial claim or renewed claim, file a written protest against the allowance of benefits. The protesting employer becomes an interested party to any determination allowing benefits until the issues raised by the protest are resolved by a final determination. Section 288.070.1, RSMo 2000. Failure by an employer to act in a timely fashion at this point can result in the loss of the opportunity for an administrative appeal and hearing and administrative or judicial review of an adverse ruling by the agency.

The ten-day protest period may be extended for good cause. Section 288.070.8. In King v. Division of Employment Security, 964 S.W.2d 832, 836 (Mo. App. W.D. 1997), the court ruled that a party should be allowed an extension of time if “there is a showing that the party is in good faith, and that the party has acted reasonably under all the circumstances.”

An employer’s protest should be filed with the Division in accordance with the instructions shown on the notice of claim. The protest should set forth the grounds that are being relied on and the facts supporting those grounds. As in any “pleading,” a clear, concise, and specific recitation of the facts supporting the desired conclusion will improve the chances for a favorable result.

A protest may be filed by mail or by fax. A protest filed by mail is filed as of the date endorsed by the United States Post Office or the private postage meter mark. Section 288.240, RSMo 2000. A protest filed by fax that is received after midnight Central Time is filed on the next regular Division work day. 8 C.S.R. § 10-3.110. The date and time of receipt are determined by the Division’s receiving fax machine. Id. The person sending the fax must retain their receipt with the...