Section 27 Unemployed

• Library: Employer-Employee Law 2008

The first issue that a deputy must decide when a claim is filed is whether the claimant is “unemployed.” Section 288.030.1(28), RSMo Supp. 2007, sets forth the statutory definitions of “totally unemployed” and “partially unemployed.” Because those definitions make no mention of the “employer-employee” relationship, it seems clear that it is not necessary for all vestiges of that relationship to be severed for an individual to be “unemployed” by statutory definition.

Whether an individual engaged in...