Unemployment & domestic violence

KathiHR

We recently had a Kansas employee who voluntarily resigned to move out of state due to a divorce. She filed for unemployment (in Kansas), which we contested since she voluntarily resigned. Now we've received a notice that she has been granted unemployment & it will be charged to us because her divorce/relocation was due to domestic violence. She never told us about the domestic violence, so this is new news to us. (Not that it would have made any difference.) I've never heard of unemployment granted for this situation. I plan on appealing. I'd let it go if it weren't being charged to us...but our unemployment costs almost doubled this year (by %) & we had very few claims. I'm sympathetic to her situation, but can't imagine why we should foot the bill. Any suggestions?

Kathi

Don D

In my state, the law specifically states that 'domestic and familial circumstances' are not acceptable reasons for quitting a job. You might try to find out from your UI office if that's the case in your state or if such circumstances are acceptable. If you find out the latter, you'll waste your time at a hearing.

rad

Many states do allow this as a legitimate reason for collecting unemployment. There are state specific laws, check your local laws on this.

TN HR

There's a bill before the Tennessee General Assembly that will allow victims of domestic violence to collect UI benefits.

I understand that there is also similar legislation in several other states.

Gene

Balloonman

Contest it. Many times they will not charge the account, but will still give the unemployment.
My $0.02 worth!
DJ The Balloonman

Doug Stanley KS

In Kansas, an employee is disqualified from receiving unemployment if the employee voluntarily leaves work, unless one of several exceptions apply. The legislature added an exception a few years ago for domestic violence. The provision provides:

. . . (12) the individual left work due to circumstances resulting from domestic violence, including:

(A) The individual's reasonable fear of future domestic violence at or en route to or from the individual's place of employment; or

(B) the individual's need to relocate to another geographic area in order to avoid future domestic violence; or

(C) the individual's need to address the physical, psychological and legal impacts of domestic violence; or

(D) the individual's need to leave employment as a condition of receiving services or shelter from an agency which provides support services or shelter to victims of domestic violence; or

(E) the individual's reasonable belief that termination of employment is necessary to avoid other situations which may cause domestic violence and to provide for the future safety of the individual or the individual's family.

(b) An individual may prove the existence of domestic violence by providing one of the following:

(1) A restraining order or other documentation of equitable relief by a court of competent jurisdiction; or

(2) a police record documenting the abuse; or

(3) documentation that the abuser has been convicted of one or more of the offenses enumerated in articles 34 and 35 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, where the victim was a family or household member; or

(4) medical documentation of the abuse; or

(5) a statement provided by a counselor, social worker, health care provider, clergy, shelter worker, legal advocate, domestic violence or sexual assault advocate or other professional who has assisted the individual in dealing with the effects of abuse on the individual or the individual's family; or

(6) a sworn statement from the individual attesting to the abuse.

(c) No evidence of domestic violence experienced by an individual, including the individual's statement and corroborating evidence, shall be disclosed by the department of human resources unless consent for disclosure is given by the individual. KSA 44-706.

You will want to walk through the requirements at your referree hearing to make sure the employee qualifies under this provision.

While your company did nothing wrong, the rationale for the provision goes back to the public policy that individuals who are unemployed through no fault of their own should be helped through the period of unemployment by the state. In this case, the state is letting your company pay for the help. There are other instances similar to this in the statute. For instance, when an employee quits to follow a transferred spouse, the employee is eligible for unemployment. You have probably figured this out, but when in doubt, the statute is interpreted in favor of the employee.

Hope this helps.

System

Sounds like there has been some recent updates in a few states. Our local SHRM chapter held their monthly meeting today and the topic was: "When Domestic Violence Goes to Work".
The presenter was head of the Domestic Violence Intervention Center.
Anyway, she said, (I haven't researched this), that if you terminate employee, say, for attendance, and he/she confides they are a victim of domestic violence, that we, the employer, can be held liable for UI. She did not address if the employee resigned, although I'm inclined to believe it may be the same.
What's sad is when the employee quits b/c of the abuser and then they STAY!! AND file for unemployment.

rad

[font size="1" color="#FF0000"]LAST EDITED ON 04-17-04 AT 06:42AM (CST)[/font][br][br]That is sad but keep in mind that a victim of domestic violence may quit her job not to flee her abuser, but because she is afraid someone at work will find out and is too ashamed. The whole dynamic is foreign to those of us who have not lived it but for victims, its a very sad reality. I've done a little research on the subject and I think that more employers are realizing this is a workplace issue and they are finding ways to help victims. Once this becomes more the norm than the exception, perhaps women will stay in work knowing they can get help.