Q: In MO if I filed an appeal with DES 3 times over 10 months how long does the state have to reply back to me?
I had a contractor file misclassification case against my company with DES & IRS. I filed an appeal with DES after they determined she was an employee along with my other contractors, 2 of which were my mom and daughter. They took what she said for truth and never asked any of my other contractors testimonies. I filed an appeal with the state in Dec, they said they never got it, i faxed the fax transmittal from dec & faxed it again in feb. They were supposed to supply me with the case info on what my contractor filed against me. Never received anything & once I filed the appeal everything was to cease until the Appeal Tribunal. I continued to receive letters & I had to start paying on 3 year of unemployment taxes, then fined for not providing my quarterly filings. All was to cease until the appeal trial. I have 10-30 days to respond to any of their requests, Is there a statute of limitations the state has get this case filed since its been 10 months since I filed my appeal.
A: First, I am not a Kansas lawyer. That being said, usually just filing an appeal does NOT stay the lower court's judgment. The appealing party has to ask the lower court for a stay, generally by motion. You say that it has been 10 months since you filed your appeal--have you filed a brief yet? Going back to you initial question, you have to request a stay. And usually, that requires a bond. Otherwise, the case can proceed even if an appeal has been filed.
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