Section 37 Available for Work

• Library: Employer-Employee Law 2008

In addition to being unemployed and able to work, to be eligible for benefits, a claimant must be ready and willing to accept suitable full-time work and must be making an active and earnest search for work. Section 288.040.1(2), RSMo Supp. 2007. The deputy must inform the claimant on a weekly basis the number of work search contacts required to make an active search for work. Id. A claimant cannot be considered not available for work solely because the claimant is a substitute teacher or is on jury duty. Id. Finally, the work search requirement does not apply to a claimant temporarily unemployed through no fault of the claimant’s and who has a definite recall date within 8 weeks of the first day of unemployment. Section 288.040.1(2)(b). This 8-week period may be extended, not to exceed a total of 16 weeks, at the discretion of the Director of the Division. Id.

The following cases address the issue of availability for work:

• Golden v. Indus. Comm’n, Div. of Employment Sec.
  524 S.W.2d 34 (Mo. App. S.D. 1975) (full-time student was not available

• Weber v. Labor & Indus. Relations Comm’n, 557 S.W.2d 669 (Mo. App. W.D. 1977) (because there was no work search while honoring a picket line, claimant was not available)

• Morris v. Labor & Indus. Relations Comm’n, 573 S.W.2d 439 (Mo. App. E.D. 1978) (full-time student was not available)

• Rives v. Labor & Indus. Relations Comm., 592 S.W.2d 252 (Mo. App. E.D. 1979) (limited work search by rural resident, claimant was available)

• Bryant v. Labor & Indus. Relations Comm’n, 608 S.W.2d 524 (Mo. App. W.D. 1980) (attorney engaged in full-time practice of law was not available for work)

• Ferry v. Labor & Indus. Relations Comm’n of Mo., 652 S.W.2d 728 (Mo. App. W.D. 1983) (restriction as to time and wages, claimant was not available)

• DeLong’s, Inc. v. Purcell, 965 S.W.2d 376 (Mo. App. W.D. 1998)...