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By November 4, 2019

One of the tools that a number of states use to maintain UI Integrity is a fact-finding “interview” or “hearing.” Do you have a fact-finding interview scheduled? If you do, it is recommended that you plan ahead with some simple, easy to follow steps.

Fact-finding “hearings” are not to be confused with a hearing that happens after a determination is appealed. In a fact-finding hearing, the state gathers facts from the employer and employee before making an initial determination. Certain states utilize fact-finding interviews more than others. (Employers in these states are more familiar with the concept: IA, KY, MD, ME, MI, MS, NE, NH, NJ, OK, PA, RI, VA, VT, WV.)

How is the Information Used?

The gathered facts are supplemental to any written response to the claim form. Fact-finding interviews occur in addition to sufficient, timely written claim responses which are always required by the state.

What to Expect

 Your Claims Consultant will help guide you through the process. Live participation is strongly encouraged but not mandatory. Instead we can usually provide a written response that complies with the state’s fact-finding requirements. If you choose to participate in-person or by phone you can expect:

  • To provide information based on the instructions in the fact-finding notice.
  • Fact-finding takes place regardless of whether both parties are present.
    • Quit Issues – claimant is questioned first
    • Discharge – employer is questioned first
  • The interview starts with background questions about the claimant’s employment including:
    • Hire date
    • Last physical day of work
    • Termination date
    • Job title
    • Pay rate
    • Full or part-time employment (approx. number of hours worked per week).
  • Probing questions about the separation may include:
    • WHO was involved?
    • WHAT specifically happened to cause the separation?
    • WHERE did it occur?
    • WHEN did it occur?
    • WHY did it occur?
    • HOW could it have been avoided?
  • When the interviewer finishes questioning one party, the other party is given a chance to ask questions or rebut as necessary. The process reverses and continues until both parties have had the opportunity to respond.
  • If the employer’s witness does not know the answer to a question or is not prepared to answer, they should indicate this.
  • A decision is not immediately made. All facts are considered and then a written determination (which appealed if warranted) can be mailed to all interested parties.

For questions about fact-finding interviews or any other aspect of your 501(c) Agencies Trust membership please contact us.

The information was provided by our friends at Equifax Workforce Solutions. It is intended as general guidance and is not intended to convey specific tax or legal advice. For a legal opinion, please consult your lawyer.

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