Section 45 Difference Between Ineligibility and Disqualification

• Library: Employer-Employee Law 2008

A very real and distinct difference exists between ineligibility for benefits and disqualification for benefits. Disqualification in the case of a discharge for misconduct requires a claimant to have earned wages for insured work equal to six times the claimant’s weekly benefit amount after the date of the disqualifying act. Section 288.050.2, RSMo Supp. 2007. In the case of additional separations from work as the result of a discharge within a claimant’s base period, the claimant will need to earn wages equal to or in excess of six times the weekly benefit amount for each disqualification. For example, consider a claimant who is discharged by an employer in the base period and by the last employer (two separations). The claimant needs to have earned six times the weekly benefit amount after the first separation and an additional six times to satisfy the last separation...