Missouri Laws 288.381 – Collection of benefits paid when claimant later determined ineligible or ..
1. The provisions of subsection 8 of section 288.070 notwithstanding, benefits paid to a claimant pursuant to subsection 7 of section 288.070 to which the claimant was not entitled based on a subsequent determination, redetermination or decision which has become final, shall be collectible by the division as provided in subsections 12 and 13 of section 288.380.
2. Notwithstanding any other provision of law to the contrary, when a claimant who has been separated from his employment receives benefits under this chapter and subsequently receives a back pay award pursuant to action by a governmental agency, court of competent jurisdiction or as a result of arbitration proceedings, for a period of time during which no services were performed, the division shall establish an overpayment equal to the lesser of the amount of the back pay award or the benefits paid to the claimant which were attributable to the period covered by the back pay award. After the claimant has been provided an opportunity for a fair hearing under the provision of section 288.190, the employer shall withhold from the employee’s back pay award the amount of benefits so received and shall pay such amount to the division and separately designate such amount.
Terms Used In Missouri Laws 288.381
- Benefits: the money payments payable to an insured worker, as provided in this chapter, with respect to such insured worker's unemployment. See Missouri Laws 288.030
- Claimant: an individual who has filed an initial claim for determination of such individual's status as an insured worker, a notice of unemployment, a certification for waiting week credit, or a claim for benefits. See Missouri Laws 288.030
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decision: a ruling made by an appeals tribunal or the commission after a hearing. See Missouri Laws 288.030
- Determination: any administrative ruling made by the division without a hearing. See Missouri Laws 288.030
- Division: the division of employment security which administers this chapter. See Missouri Laws 288.030
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
3. For the purposes of subsection 2 of this section, the division shall provide the employer with the amount of benefits paid to the claimant.
4. Any individual, company, association, corporation, partnership, bureau, agency or the agent or employee of the foregoing who interferes with, obstructs, or otherwise causes an employer to fail to comply with the provisions of subsection 2 of this section shall be liable for damages in the amount of three times the amount owed by the employer to the division. The division shall proceed to collect such damages under the provisions of sections 288.160 and 288.170.