Monett, MO asked in Appeals / Appellate Law and Employment Law for Missouri

Q: Can i win unemployment appeal?

I was working at a small ma and pa dinner and they shut down the end of February for a remodel. Said it should be about a month and then we can come back. Well right around the middle of March they opened up, but only take out, cause of covid 19. I was not one to work at this time still, I applied for unemployment and was getting it for about 6 weeks. Then I get a letter saying I'm denied for misconduct(dress code). That was the deputy's determination. So I filed for a appeal. That is not true we were shut down for a remodel and they just never called me back? So I'm wondering if I have a chance at winning? And can they even lie like that? To the lawyer that responded on my question thank you. But no i was not fired, the last time i talked to the manager or anything was when we all laid off for a remodel.

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Appeals & Appellate Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: Here is the statutory definition of "misconduct."

"Misconduct", an act of wanton or willful disregard of the employer's interest, a deliberate violation of the employer's rules, a disregard of standards of behavior which the employer has the right to expect of his or her employee, or negligence in such degree or recurrence as to manifest culpability, wrongful intent or evil design, or show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to the employer . . ."

You've got two issues. 1. Were you fired for misconduct? The answer depends on how the definition is applied to your facts. 2. Can you employer lie? It is unlawful to lie under oath. When there is conflicting testimony, the trier of fact decides which side to believe. Perjury prosecutions are rare.

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