avoiding unemployment

denjen

How do I set up a procedure that would keep us from paying unemployment? We have a traditional three written warnings in place, signed policies, posting policies, and documentation. Yet I feel we continue to get hit with unemployment. Is there anything more I can put in place to keep the company from being chargable?
Yes, I want to stay above the law.

Msferra

The company is always subject to unemployment charges and there is nothing you can do about that. The best defense is knowing the unemployment law in your state and to have solid human resorces expertise in documentation and reporting. Deputies want to see a consistent parallel between policy and what you have done for the employee to be fair, honest and show due diligence. They make their determination based what is legally correct from a company standpoint. If there is consistent unemployment claims, there may be a weakness in documentation, or you are not able to show solid reasons for termination. It's hard to tell with little information.

dlail

NC is an at-will state, employees sign a form accepting responsibility for reading through the handbook, we review that handbook during orientation, hitting on specific, immediately applicable policies.
Our standard practice is to request non-charging in all cases because we do not believe we wrongfully discharge. We document, I review all actions prior to termination, and termination acknowlegement letters have very specific language ( . . . your termination resulting from excessive absences . . . ) or policy violation, or even "your voluntary resignation due to another employment opportunity . . ." Nine times out of 10 we are not charged. Even if we think we could be charged, we request non-charging. The persistance of the former employee has some impact. Many people have the mistaken notion that they won't quit , they'd rather be fired to collect unemployment. That doesn't guarantee benefits.

ritamcguire

It seems as if you're doing everything possible. We add the following sentence just over the employee's signature at counseling sessions.

"Further disciplinary problems of this or any other nature could result in termination."

If we go as far as a hearing (usually a phone conference hearing), the Hearing Officer at some point always asks the ex-employee if he/she read the sentence when they signed the form? Their response is usually along the lines of, "Well yeah, but I didn't think they were serious or but I was a good worker." That often results in a case closed in our favor. If the ex-employee says he/she didn't see or read it even though it is just above their signature, the Hearing Officer will often say, "Well you should have." It's not a guarantee, but it tilts the table in your favor.

denjen

Thank you. I'll try it.

stilldazed

Not sure about specific in your state's unemployment law, but if you haven't tried appealing some decisions, consider doing so. Also, when you have the opportunity to submit your response to the claim, submit copies of relevant policies at your company, copies of discipline records, or any other evidence you have that reflects the employee was warned, offered assistance to remediate the deficiency, and still fell short of expectation. If you get the option in your state, classify the discharge as related to 'misconduct' if you have supporting evidence as to the above steps. It's not a guarantee, but it may help. Aside from that, there really isn't much else you can do.

One more thing, if your state allows a 90-day initial probation period and your company doesn't have one in place, consider implementing one for new hires. Florida allows one, and discharges within the first 90 days for poor work performance relieve employers of unemployment for a period of time.

Unfortunately, there is a long window of time (wages) in unemployment compensation windows, and you can find yourself paying unemployment on an employee that is awarded based on the employee's departure from a workplace that occurred after leaving your employer. It's the nature of the beast.

best wishes.

denjen

The last case I had, the employee was termed for behavior. I submitted 12 pages of documentation showing our traditional discipline with the response. We were still chargable. I have appealled other cases with little success.
We have a 60 day review period, I don't believe that mattered either. We once had to pay for an employee that only worked here for 10 days. I will check with the state department to find the right terminalogy for a probationary period.

thank you.

stilldazed

Unemployment is generously applied in favor of employees, at least it is in Florida. It is frustrating in that unemployment seems to be a version of social support that goes way beyond its original intent. You may find that you pay no less unemployment than before, but any drop in the $$ spent is better than what you have going on right now.

The only sure fire method for not paying unemployment is to not have turnover, and we all know that paying some unemployment may be better than keeping some folks on the staff.

best wishes,

Beverlee

[font size="1" color="#FF0000"]LAST EDITED ON 10-24-07 AT 07:06AM (CST)[/font][br][br]We avoid "probation periods" at all costs due to a conflict with our "at will" policy. I work very closely with our UI case worker, and hearing judges to design the best defense when possible. Most of ours are voluntary quits- but of course they will claim wrongful action on the employer. The last one, I was able to show disciplinary actions, and wrote out that the ee was facing crimnal charges.

Of course, we've also simply paid out one horrific ee, when we refused to give cause. In that case, we just gladly paid to get rid of a serious problem.

Rockie

Some statements are extremely "employee friendly" in unemployment claims. Here in South Carolina what the commission looks for is documentation, warnings (preferably written), unacceptable behavior that was well documented, violation of major employment policies and procedures.

Being incompetent or unable to perform the job does not preclude from drawing unemployment, even though you show where you offered training, etc. and they just could not or would not do the job.

We have had employees dismissed for drug use apply for unemployment and then appeal the decision!

These take up an awful lot of time,but they are real good training ground for supervisors to learn to properly document when they have to go and testify at the commission a few times.