Canan Employer Contestan Unemployment Claim
Yes,an employer can contest an unemployment claimbutproceed with caution. If a former employee files for unemployment,youll be notified via post. The notice will outline details suchas why the employee left , whether they refused employment and if they are stillreceiving severance pay or other compensation.
Atthis point, you have a responsibility to either accept or contest theclaim. If the workers claim is valid, youll want to accept it.On the flip side, if the notice contains inaccurate information orthe employee was fired with cause, youll likely want to contestthe claim.
Notably,employees fired for minor infractions have a right to receive benefitsin most states. Therefore, you may not have grounds to contest thistype of claim.
Alsoimportant: Contestinga claim does not automatically mean the former employeesunemployment benefits will be denied. When contesting a claim, youllneed to provide evidence and documentation to back up your case. Forexample, to contest a claim because the employee was fired withcause, youll need to provide documents to show proof ofmisconduct, such as written warnings.
Oncea claim has been officially evaluated, both the company and theclaimant will receive a Notice of Determination. The noticeannounces whether the state accepts or denies the claim. Keep in mindsome states allow workers to appeal a denied claim.
If I Win My Unemployment Appeal When Will I Get Paid
If you win your unemployment appeal, you will be eligible to receive unemployment benefits, including any that you missed throughout the appeals process. In general, you can expect these payments to begin within a few weeks after the appeals verdict is reached. However, some states may impose a mandatory one-week waiting period.
The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own states laws or the most recent changes to the law.
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Requesting Special Accommodations For The Hearing
If you need an interpreter or have a disability that requires a reasonable accommodation , the Office of Appeals will furnish an impartial interpreter at the hearing if you give advance notice by calling the telephone number on your Notice of Hearing. Requests should be made immediately to allow time to arrange the accommodation.
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How To File An Unemployment Appeal
If you want to appeal the UIAâs denial of your claim for benefits, you must file a protest of the determination within 30 days. You can file the protest electronically, by fax, or by mail, using the UIAâs protest form. You must attach any documents you want the UIA to consider.
The UIA will issue a redetermination of your claim. If you donât agree with this redetermination, you may appeal within 30 days. You can file your appeal in the same manner as your protest, using the UIAâs appeal form.
When you file your protest or appeal, make sure to briefly explain why you believe you should receive benefits. For example, if the decision letter states that you were denied benefits because you were fired from your last job for misconduct, you might state, âI was laid off along with the rest of my department when the company outsourced our jobs.â
Throughout the appeal process, you should file weekly claims for unemployment benefits, look for work, and keep records of your job search, just as you would if your application for benefits had been granted. This may seem like a waste of time, but itâs not. If you win your appeal, you will be entitled to benefits retroactively from the time your application should have been accepted â but only if youâve been following the usual rules to receive benefits.
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If An Employee Was Fired
Fired employees can claim unemployment benefits if they were terminated because of financial cutbacks or because they were not a good fit for the job for which they were hired. They can also receive unemployment benefits if the employer had a good reason to fire the employee, such as being late for work several times, but the infractions were relatively minor, unintentional, or isolated.
On the other hand, in most states an employee who is fired for misconduct will not receive unemployment benefits. Although you might think that any action that leads to termination should constitute misconduct, the unemployment laws don’t look at it that way. Not all actions that result in termination are serious enough to qualify as misconduct and justify denying benefits to a terminated worker.
What qualifies as misconduct that will disqualify an employee from receiving unemployment benefits? Generally speaking, an employee engages in misconduct by willfully doing something that substantially injures the company’s interests. For example, revealing trade secrets or sexually harassing coworkers is typically the type of misconduct that renders the employee ineligible to collect unemployment benefits. Other common types of disqualifying misconduct include chronic tardiness, numerous unexcused absences, extreme insubordination, intoxication on the job, and dishonesty.
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Howdoes Unemployment Insurance Work
TheU.S. unemployment insurance system has provided a safety net forrecently out-of-work people since the 1930s. With oversight from theU.S. Department of Labor, the system is managed at bothnational and state levels.
Businessesprimarily fund unemployment insurance programs by paying Federal Unemployment Tax Act taxes andState Unemployment Tax Act taxes. No matter what state you arein, your business will pay a set amount in FUTA taxes . But state-level taxes can vary dependingon how much UI previous employees collected, where you are based, howmany employees you have and other factors.
Themajority of states offer up to 26 weeks of unemployment benefits,with the benefit amount calculated basedon the claimants average earnings during .States cut weekly checks or make direct deposits to eligible workersusing the unemployment insurance tax money they collect fromemployers.
Only Focus On What You Can Prove
Like a court of law, circumstantial evidence is not enough to prove misconduct in an unemployment claim dispute. Its not sufficient for there to be a dotted line to the claimant, but a solid bold line.
This issue often comes into play in cases where the employee was fired for theft. It is only natural that employers take this personally, due to the intrusive nature of the offense. However, strong emotions can lead to a loss of objectivity. Can you really prove that the employee committed the offense? Or are you going more by assumption? If you cant prove it conclusively, is there another policy that the employee violated that you CAN prove, such as failing in his or her duty to secure the safe or violating a cash handling policy?
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The Unemployment Appeals Process
The appeals process will vary by state. Contact your state unemployment office for a determination on your specific circumstances and how appeals are handled in your state. The information can usually be found on the state unemployment website, but dont hesitate to contact the office with any questions or if you need clarification.
In general, here’s how it works:
- Your legal representative can participate in the hearing and provide advice, but you will be required to present your case.
- You can use witnesses who might counter any claims that the employer may be making as grounds for denying benefits. Your employer can also have witnesses to support its position.
- Be sure to have copies of any documentation that might be used to negate claims by your employer of misconduct.
- You must continue to file weekly unemployment claims throughout the appeals process if you wish to receive benefits for those weeks.
What You Should Know About The Unemployment Appeal Process
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If you apply for Unemployment Compensation Benefits and are denied, you should read and consider the following information very carefully.
Unemployment Compensation is a benefit available for people not working through no fault of their own.
You must meet two general eligibility requirements to be eligible for unemployment compensation.
You will receive a notice from the Office of Employment Security as to whether you meet each of these requirements.
If you are denied unemployment compensation, it is best to consult an attorney immediately since the time limits in unemployment compensation cases are short.
Read all the information you are given or have someone read it to you. Make sure you read the front and back of every form. If you have any questions, ask someone at the Office of Employment Security for help and be sure to get the name of the person to whom you talk.
Keep your reason for appeal very simple. You will be limited by the reasons you list, and you cannot bring up issues you have not listed. Therefore, it is best to simply state that you disagree with the decision.
If you get more than one decision, you must appeal each decision separately. If you are found eligible for unemployment compensation, your employer may appeal.
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How To File An Appeal
You may file an appeal one of two ways:
By law you must file your appeal within 10 calendar days of the mailing date listed on the determination. If the 10th day falls on a weekend or recognized holiday, the appeal period extends to the next business day.
All appeal documents must contain the handwritten signature of the party completing the document before they will be accepted. After completing the appropriate document please print, sign and return it to DEWs Appeals Division via fax or regular mail at the address or number provided on the form and below.
Address:S.C. Department of Employment and WorkforceAppeal Tribunal
Preparing For Your Appeals Hearing
Hearings generally occur within 8-10 weeks of the date you file your appeal. You will receive a Notice of Hearing at least 10 days before the date of your hearing that will have important instructions for you. NOTE: Due to COVID-19, it is currently taking longer to hold hearings. We are taking many measures to return to the 8-10 week time frame. If you requested a hearing and no longer wish to have an appeals hearing, please notify the Department immediately to ensure an efficient operation of the appeals department.
You have the right to be represented by an attorney at the hearing, but it is not required.
You must do these things prior to your hearing:
- Return the second page of the Notice of Hearing indicating that you wish to participate in the hearing, and provide a telephone contact number.
- You can deliver the Acknowledgment Sheet by mail, fax or in person, and
- It must be received at least 24 hours before the hearing.
- NOTE: It is critical that you return this Acknowledgment Sheet as most hearings are scheduled as telephone hearings where the Administrative Law Judge calls both parties. The telephone number on your initial notice of appeal is not sufficient to guarantee that you will be called. You may call the judges clerk 24 hours before the hearing to confirm your telephone number. If you leave a message, include your telephone number with area code, the judges name, your name, and case number.
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Unemployment Claims: Do You Really Want To Fight It
Insights
10.01.14
There are a lot of misconceptions regarding unemployment claims filed by recently-departed employees. This article will try to shed some light on them and help answer the common question: Should we fight an unemployment claim?
A recent state court decision from Oregon shows just how difficult it is for employers to prevail in such claims, and might lend you some guidance in answering this question for yourself. .
Fighting An Unemployment Claim Gives An Employer Access To Information About A Possible Employment Lawsuit
A less-common, but more insidious, purpose of fighting an unemployment claim involves playing a long game regarding an expected wrongful termination lawsuit. Contesting an unemployment claim gives an employment access to information and records they may not otherwise see until much later, if at all.
Consider the following scenario, which does play out in real life. A person who was fired in retaliation for filing a workers compensation claim can qualify for unemployment benefits. That persons former employer will likely want to fight the unemployment claim because failing to do so could be viewed as a tacit acknowledgement that it illegally retaliated against someone who suffered an injury on the job.
Contesting the unemployment claim makes it possible for the employer to request and receive information from the unemployment office that it would otherwise need to obtain directly from its former employee, often only by subpoena.
Employment law attorneys in the Cleveland, OH, offices of Agee Clymer Mitchell & Portman are available to answer questions about unemployment claims and to assist with wrongful termination cases. You can request a free, confidential consultation online or speak with a lawyer directly by calling 678-3318.
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Questions & Answers About Appeals And Redeterminations
Q: Can I file one appeal for all negative determination letters?
A: If you file your appeal in eServices, you cant do this. You must select each determination you want to appeal and provide any new information you want us to consider. If you send us your appeal by fax or mail, you should list all the determinations you want to appeal by their letter ID and include any new information for each determination, so we can review each one.
Q: Can I request a redetermination in addition to filing an appeal?
A: You do not need to do this. You only need to appeal. We review your appeal for a possible redetermination before we send it to OAH for a hearing. If we are unable to change our decision about your benefits, well send your appeal to OAH for a hearing.
Q: Should I continue submitting my weekly claim while you are considering my appeal for a redetermination?
A: Yes, you should continue to submit weekly claims for each week you want to receive benefits. If the appeal is decided in your favor, youll be paid for the weeks you claimed and are eligible for. You wont be paid for weeks you did not claim. If your employer appeals your right to benefits and the appeal is decided against you, youll have to repay any benefits you received.
Q: What is a redetermination?
Q: Is every appeal considered for a redetermination?
A: Yes. If you provide new information we will consider it for redetermination before we send it to OAH for a hearing.
How To Fight An Unemployment Insurance Overpayment Claim In California
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.wikiHow marks an article as reader-approved once it receives enough positive feedback. In this case, 83% of readers who voted found the article helpful, earning it our reader-approved status. This article has been viewed 86,095 times.
California unemployment insurance provides compensation for workers who are unemployed due to no fault of their own. Even after you qualify for unemployment insurance benefits by meeting the threshold eligibility requirements, in some limited instances you may be overpaid benefits. If you received a notice of overpayment, then know that you can fight the claim.
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Its All About Preparation
Employers that do their homework and prepare properly will be more successful in opposing unemployment claims. When you receive notice that a former employee has applied for benefits, review all relevant documents and talk to the individuals who have firsthand knowledge of the reason for the former employees separation from employment. If there is a reason the former employee is not entitled to benefits, identify it.
What Happens When The Employer Contests Your Claim
If your employer contests your unemployment claim, your case will be reviewed by an investigator from your state department of labor. The investigator will analyze the information provided by the employer and may interview the employer to gather additional insights.
You may be contacted to answer some questions about the circumstances surrounding your separation from the job. Make sure that you respond quickly, thoroughly, and honestly to any requests for information. The staff from the unemployment office will then decide on whether or not you are eligible for benefits.
If you are accepted for benefits, the employer can still request a hearing to appeal the decision.
If you are denied benefits, you will receive written notification of that decision, which will include information regarding the appeals process and the deadline for filing an appeal.
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Should Your Company Contest The Claim
Your state’s unemployment office — not your company — will ultimately decide whether a former employee can receive unemployment benefits. You do, however, have the option of contesting an employee’s application for unemployment benefits, and that option gives your company a great deal of power. In California, for example, the unemployment board presumes that a terminated employee did not engage in misconduct that would disqualify the employee from getting unemployment benefits unless the employer contests the unemployment claim. Thus, in California, terminated employees who claim unemployment benefits receive them unless the former employer contests the claim.
Remember, there is no reason — and there are no grounds — to contest an unemployment claim if the employee was laid off. There are also no grounds to contest the claim if the employee did not engage in misconduct but was fired for lesser reasons — for instance, for sloppy work, carelessness, poor judgment, or the inability to learn new skills.
Even if an employee engages in misconduct, your company might want to give up its right to contest an unemployment insurance claim as part of a severance package, especially if the fired employee seems likely to sue. In other words, your company would agree not to contest unemployment benefits and the employee would agree not to sue your company.
