Whether it’s downsizing and layoffs, a resignation, or something more specific, losing an employee can create stress and an unpleasant workplace environment. Depending on the situation, what follows can be equally stressful. Any time a person becomes jobless, he or she can file for unemployment benefits. However, not every former employee is entitled to receive unemployment benefits—and it’s up to the employer against which the claim is filed to prove that a former employee should not receive them.
Contesting unfair unemployment claims requires good paperwork, excellent timing and an understanding of the entire process. Our short eBook will help you cover all the bases.
Click on the image below to download the eBook, When Employers Should Protest Unemployment Claims.
Excerpt from “When Employers Should Protest Unemployment Claims”
An employer can’t – and should not try – to contest a claim by an employee who has lost his or her job during layoffs or because of a staff reduction, nor is it worth fighting if the employee is fired for situations beyond the employee’s control (insufficient work, unpleasant personality, etc.). These are the kind of income losses that unemployment benefits are meant to cover.
This does not mean that a “legitimate” unemployment claim does not have other potential issues that may need to be responded to by the employer (such as special pay upon separation). However, these exceptions are often state-specific and will not be covered here.
Misconduct, though, is no longer covered by unemployment insurance, so a claim for unemployment by someone who was fired for actions that are intentional and injurious to the company’s interests can—and in some cases should—be contested. There is often a huge discrepancy between what employers believe is misconduct versus what the states define as misconduct. Not to mention that every state has its own definition of misconduct. However, in general misconduct is defined as work conduct that is willful or harmful. The conduct must also be within the employee’s control. Often the final incident determines whether benefits are allowed based on the separation reason.