Please Help MO Pending Issue Quit Questionnaire (receive, reapply, claim)

[KaeLashell]

I was awarded UI Benefits beginning 3-29-2020 and began receiving payments. My work location closed due to COVID-19 on 3-20-2020. Employer is claiming I quit. There is no resignation letter or exit documentation or termination letters. I was on paid/ unpaid vacation for Spring Break prior to closure. I was notified of the closure when I came in after vacation to discuss my work availability for the next week and told to reapply when the location reopened. Because the location closed and I was told to reapply I Believe I filed for Benefits under Laid Off but I can’t remember exactly. How do I defend that I didn’t quit? I received a Pending Issue Questionnaire for Employment Separation Information on 5-07-2020. I have 7 days to respond. I think my employer is going to argue that I quit to start another job. I don’t know if they will respond for sure. Or if there is a way to request an in person interview or appeal during COVID-19. But that job didn’t start at the time the location was closed and I have saved correspondence that confirms I was going to continue working with my current employer until further notice. I don’t know how much help it will be but I have a co worker who can collaborate my intention to work both jobs and I can get the new employer to collaborate that I have not begun working yet and that her location has also been closed due to COVID - 19 as of March 27th. What comes next and what should I put on my Questionnaire?

[KaeLashell]

Yes I can definitely do that. I tried doing that on the online Quick Access Correspondence, but it kept giving me error messages every time I checked Did not quit. I have never applied for UI before, so I am anxious. The wording gave the impression that it was now or never to get my evidence. I didn’t know what I needed or if I should do the hearing over the phone or not. My employer is a pretty large corporation so I am feeling intimidated a little. I appreciate all the advice.

On my initial application I wrote laid off 3-20-20. Everything else was straight forward.

[KaeLashell]

It is asking me to provide information on my separation from my last employer. Asking me if I Quit, Give separation and policy details and If I resolved the situation before quitting. It asks me if there were any incidents, if I told the employer why I quit, if I quit because I accepted a new job and the dates for the job offer, start date, address and phone number. It asks if I was told I quit for not showing up to work, if I quit due to medical issue and if I contacted the employer to explain why I could not work. I tried to just check no down the list and got a lot of error messages.

[KaeLashell]

Ok I will definitely do that. How long does it take before they schedule the phone call? Do I just skip it or will this questionnaire be enough for a determination?

[KaeLashell]

Ok good. I definitely didn’t sign anything. Guess I was stressing out for nothing.

[KaeLashell]

Thank you. You saved me from making a huge mistake. I will keep you posted on what happens.

[KaeLashell]

Thank you for the help. I will update with the results.

[KaeLashell]

Greetings everyone just to recap I applied for UI benefits on 3-29-2020 and began receiving payments. My work location closed due to COVID-19 on 3-20-2020. I received a Pending Issue Questionnaire for Employment Separation Information/ Quit on 5-07-2020 On 5-11-2020 I responded with a online form:

Did you quit your job? No Give full details about your separation (whether for work-related or personal reasons). Explain the company policy, if any, which applies to your situation. Attach a copy of that policy if it is available to you. Describe any warnings or reprimands related to your separation. Use additional paper, if needed. I did not quit. The center closed on 03-20-2020 due to COVID-19. I am available and willing to work.

This was the only information on the form that I entered.

On 6-6-2020 I received the Deputy's Determination Concerning Claim for Benefits

Section 288.050, RSMo, as amended, provides for disqualification if the claimant voluntarily quit without good cause attributable to his work or employer, even though the claimant may have had a good personal reason for leaving. Such disqualification can be terminated if the claimant earns ten times the weekly benefit amount in insured work after the date of the disqualifying quit.


Determination
The claimant quit due to a reason that was not good cause connected to the work or the employer.


Reason
The claimant quit due to a reason that was not good cause connected to the work or the employer.

Claimant Information
To end a disqualification for a discharge, you must earn six times your weekly benefit amount (WBA) in insured work after the date of discharge. If you are disqualified on a subsequent discharge, you will be required to earn six times your WBA in insured work after the date of each subsequent disqualifying discharge. To end a disqualification for a quit or work refusal, you must earn 10 times your WBA in insured work after the date of the disqualifying separation or act. For ineligibility determinations with ending date of 09-09-9999, the ineligibility will continue as long as the condition exists. If the circumstances causing the ineligibility change, contact the office listed above.

This information is followed by my Appeal Rights. I have not appealed the determination yet.

The Online Appeal Form includes the following information:

Appeal Filed Date

Reason for Appeal

Interpreter Required

If Other, enter language

Hearing Type

Telephone
In-Person
Split Hearing

If hearing Type is in-person
then select location

Jefferson City
Kansas City
St. Louis
Other

Special Scheduling Requirement


I need help with my appeal. My employer has no documentation from me suggesting I quit and my center closed for Covid-19 and recently reopened. I don't know what proof was submitted to create this determination. When I inquired about my position I was told to reapply. I have co-workers willing to testify that I offered to resume my position when the center reopened.


I would greatly appreciate any assistance that anyone can give me going forward. I'm not sure if appealing is even worth it because I start working at another job on June 15. I just don't want any negative fall out from this determination. I'm not sure what happens now. This is my first time applying for benefits.

[KaeLashell]

I'm also not sure why half of the posts were deleted in my thread. Do I need to start a new one? Was something wrong?

[Rabrrita]

To appeal, you can simple write "The determination dated xx/xx/xxxx is wrong, I want an Appeals Hearing scheduled" and that has been enough in most states to get a hearing without having to outlining your case.

Now, as for the Appeal Hearing itself, the initial item will be if you quit or not. The burden of establishing a quit is on the employer. They can establish it by just saying you quit or they can produce a document from you saying you're quitting. That's all they need to do. Note, the employer must first establish a quit in order for a quit adjudication to proceed. That means if the employer does not show up, your entire testimony will be you were laid off due to Covid-19. If the employer is present and says you quit or were fired, you have the right to "cross examine" them on their testimony.
But,
lets hold all that for later as there are more important things you need to do right now.

You said you were laid off due to a Covid-19 closure. Do you have any documents from the employer saying that? Was there any write-up anywhere (news story, online discussion, website notices) that mentioned the closure or lay off of employees? Do you get an advance work schedule or is it traditional report to work? If they closed, do you have or can you get a picture of any signs they had in their door saying closed?

For right now, you need to get the appeal paperwork back. Once that is done, next concentrate on what evidence you can obtain backing up your version of events.