If an organization fails to file the proper paperwork or have a representative attend the hearing, the judge will make a decision based on information presented by the employee and documents provided for the initial determination. At this point, the decision can be further appealed to a Board of Review.
The best way for employers to avoid unemployment liabilities is to not have unemployment claims filed. While there is no guaranteed way to completely avoid a claim, there are best practices that can lessen the chances of a claim being filed, and better prepare employers to fight claims that need to be contested.
Approved unemployment claims are expensive, and having the proper documentation for each employee will ensure a smooth process if and when unemployment claims need to be contested. Doing so will eliminate unnecessary unemployment costs and ensure that state UI systems function as intended.
Save my name, email, and website in this browser for the next time I comment. Press enter to begin your search. Close Search. One Comment. Unemployment Insurance Unemployment insurance UI , designed as a form of social insurance to stabilize the economy and alleviate financial suffering due to job loss, has been around since the s. Providing documentation is key in protesting claims When a separated employee files a claim for unemployment benefits, their former employer will receive a Notice of Unemployment Claim Filed from the state unemployment office.
Typically, employers lose unemployment compensation discharge cases because: The discharge was for incompetence, but not misconduct. The final incident of a series was not misconduct. If an employee voluntarily quits If an employee voluntarily quits their job, the burden of proof is on them to prove that there was good cause for their separation in order to receive benefits.
In that case, employers simply need to provide the reason the person gave for quitting. Prepare for unemployment claims before they occur The best way for employers to avoid unemployment liabilities is to not have unemployment claims filed.
These friends already think you were unfair, and when you fight back against unemployment, their shaky trust in you shatters. Employment attorney Robin Shea advises :. If you want Jimmy to be able to collect, you may want to be gentle with the details. But by all means be honest. If Jimmy is denied and appeals, you can just not show up to the hearing.
And we all know the world needs a bit more kindness. This article originally appeared on ReWork , a publication exploring the future of work. Suzanne Lucas spent 10 years in corporate human resources, where she hired, fired, managed the numbers, and double-checked with the lawyers.
Follow her at Twitter , connect with her at LinkedIn , read her blog , or send her an email. Article Continues Below. All Rights Reserved. In that instance, the company would agree not to contest his or her unemployment benefits in exchange for the former employee agreeing not to sue the company.
Wrongful termination. Another reason to contest a claim is when an employer is concerned that the employee has plans to file a wrongful termination action. Illegal basis. For example, if an employee was fired for poor performance but claims he or she was terminated for reporting sexual harassment by a manager, an employer cannot allow this to go uncontested.
Some employers will contest a claim to act as a deterrent to other workers considering such action, even when they are not entitled to benefits. Similar to the message that is sent to the current staff, there is the public relations side to consider. A business may appear unsympathetic to current employees or to the public if it aggressively contests unemployment claims, even when the business owner has a strong case.
An urgent care center owner should consider the overall cost of mounting an appeal if a claim for benefits is granted. While higher unemployment taxes will have an effect on overall profitability, the same can be said for the efforts it takes contest an unemployment benefit awards for a former employee.
Contesting a Claim: Preparation Prior to contesting an unemployment claim, the owner of an urgent care center must collect all the necessary documentation, along with the facts of what transpired with the employee. Without a comprehensive file of evidence, statements, and documentation, an appeal is extremely difficult to win.
For some facilities, unemployment claims may occur infrequently. As a result, the company must have a system in place to quickly gather relevant information. All urgent care centers should have policies concerning employment evaluations, terminations, and layoffs. Review the current policies to ensure accuracy and compliance with laws and regulations. In addition, this investigation and documentation-gathering takes some time and effort, as well as the time lost participating in the hearing—all of which have a hard cost to the employer.
Lastly, in addition to all the considerations an urgent care center owner must make, it is important to point out that employers lose a majority of their appeals. Conclusion Every claim for unemployment benefits must be considered seriously, with preparation completed long before any claim is filed. Further, success is not assured. Owners of urgent care centers should understand what is necessary to contest a claim and examine the overall status of their business before deciding to move forward.
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