This helps prevent layoffs and situations where an employee is simply not a good fit. Careful documentation and specific, actionable feedback give employees opportunities to correct problems.
Being able to turn around a situation and keep a worker is a win-win for both employer and employee. In nearly twenty years of managing UI accounts on behalf of businesses, he has participated in thousands of unemployment hearings.
National Leader in Unemployment Claims Outsourcing. First, it helps to understand how unemployment insurance is financed. There is no action an employer can take to affect this rate. The real cost of unemployment claims: increased tax rates. How can employers lower unemployment costs? The employee voluntarily left his or her job.
This situation does not include cases in which the employee is given a choice by the employer to either resign or be fired. A forced resignation is not considered a voluntary termination. It also may not include a situation in which an employee quit because of illegal acts of an employer such as discrimination, but this depends on the unique circumstances involved.
The employee engaged in willful misconduct that resulted in the loss of his or her job. Examples of willful misconduct include:. Intentional violation of company policies or rules. The employer must be able to prove that the policy or rule exists and that the employee, regardless of having knowledge of this policy or rule, violated the policy or broke the rule intentionally.
Failure to follow instructions. Again, the employer must show that it provided instructions to the employee and that the employee failed to follow those instructions. Excessive absenteeism or tardiness. This is considered willful misconduct if the employee does not have good cause for his or her absences or if the employee fails to report absences or tardiness according to company rules.
An example of a good cause for absences is absences due to illness or disability. Failing to meet normal standards of behavior. These are standards that any workplace would require but may not be explicitly stated in company rules, such as:.
After reviewing the facts that led to the claim, if the employer believes that the employee has a legitimate right to unemployment, then the organization should submit the separation report to the unemployment commission and confirm the information contained in the report. If the organization believes that the employee is not entitled to unemployment, it should proceed with the remaining steps. If the employer has determined that the employee does not have a right to unemployment based on its understanding of the facts surrounding the claim, the next step is to gather the evidence necessary to make its case to the unemployment commission.
The employer should gather all written evidence pertaining to the facts of the case such as the following:. Any disciplinary actions relevant to, or leading to, the termination. This demonstrates that the employee was aware of the violation of conduct and, in some cases, was provided an opportunity to correct the conduct. Any additional documentation surrounding the particulars of the event that led to termination.
Copies of this information should be sent to the unemployment officer responsible for conducting the hearing. The separation report and indication that the employer will be attending the hearing should also be sent to the unemployment office. Some tips for participation include:.
The representative should review and read the evidence the employer has submitted, and know the facts of the case prior to the hearing. Remove emotion. These situations can be emotional, as they deal with determining whether an individual will be receiving income that could potentially sustain him or her. The representative should stick to the facts and not engage in argumentative conversation with the employee before, during or after the hearing.
Be on time. The unemployment commission reserves only a few minutes for each case; if the representative is not available when the officer is ready to begin, the officer will move on without his or her input.
After the hearing is complete, the unemployment officer will usually tell the parties when they should expect to receive a determination in the case. When the employer receives the determination, if the commission has decided in favor of the employee, instructions will be included on how to appeal the decision. Customarily, the unemployment officer will explain reasons for the determination.
The employer should use that explanation to help decide whether an appeal is worthwhile. These scenarios may assist employers in determining whether there is good cause tocontest a claim; however, only the unemployment commission can make a determination regarding benefit awards, and the commission may disagree with an employer's opinion regarding unemployment eligibility.
ABC Company has a clear policy on absenteeism. Employees are required to call into work two hours before the start of their shifts and to speak with either a manager or a supervisor if they are unable to come into work. If employees do not follow this procedure, their absences are considered unexcused. ABC Company has a progressive absenteeism policy in which employees will go through various stages of discipline as unexcused absences increase, ultimately leading to termination if employees experience seven unexcused absences within a month period.
After the first time she left a message saying she was unable to come into work, her supervisor spoke with her and reminded her of the company policy. Her supervisor also explained to Jane that this absence would be considered unexcused. After repeated unexcused absences, Jane was terminated per company policy.
The employer should also provide the commission with a copy of the company policy and instances when the policy was explained to Jane, such as a signed acknowledgement from the employee handbook with this policy, issued to Jane. ABC Company has experienced a slowdown of widget orders over the last few months. Because of this loss of business, ABC Company can no longer afford to employ all 10 widget makers it has on staff, nor does it have enough work for these widget makers to perform.
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