Understanding Unemployment Compensation. August 21, :00 12:00 pm

Transcription

1 Understanding Unemployment Compensation August 21, :00 12:00 pm

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3 PSAB s Blended Training Webinars Traditional Classroom Sessions One-on-One Assistance

4 Upcoming Training Webinars MS4 Requirements and the EPA Sept 3 Criminal History Information in the Hiring Process Sept 10 Recent Pa Labor Relations Decisions Sept 17 Personnel Policies Sept 24 Before You Hit Send: How Can Get Employers in Trouble Oct 1 * Free to PSAB members 4

5 Upcoming Classroom Training The Course in Community Planning The Course in Zoning The Course in Subdivision & Land Development Review The Course in Zoning Administration Municipal Budgeting Writing Effective Grants Winter Maintenance Training Managing a Professional Police Department PSAB Fall Leadership Conference October 17-19,

6 Equifax Confidential and Proprietary Unemployment Cost Management

7 Equifax Workforce Solutions in Partnership with PSAB Equifax WS, formerly known as TALX, provides services to HR, Payroll, and Tax departments for organizations of all sizes and industries from Fortune 500 companies to small private employers, as well as public sector and non-profit organizations. The goal of our partnership is to reduce administrative burden and costs, and provide consultation on unemployment cost management. Services Equifax WS Provides to PSAB: Consultation and administration of unemployment claims, decisions, appeals, and hearings Hearing Representation Charge Auditing Online Management Reports which outline unemployment activity, results, and compliance metrics Equifax Confidential and Proprietary 7

8 Unemployment Process Equifax Confidential and Proprietary 8

9 The Unemployment System The Great Depression 1935: Federal laws require states to enact legislation The claimant must Be able to work Be available to work Be actively seeking work Meet the state s monetary requirement Be unemployed through no fault of their own Unemployment benefits paid by the employer Financed by federal (FUTA) and state employer tax (SUI) Or Direct Reimbursement Equifax Confidential and Proprietary 9

10 Unemployment liability remains with an employer for up to 18 months after initial employee separation 1Q 2Q Q 3Q Q 4Q Q 1Q Q 2Q Q 3Q Last Employer Claim The claim notice sent to the most recent employer from which the employee has separated. Base Period Claim The claim notice sent to each employer for which the claimant worked during the base period. Base Period earnings determine weekly benefit amounts and employers chargeable proportionate to wages paid. Alternative Base Period (if applicable) Former employees who fail to qualify under the original base period may qualify under an alternative base period on wages paid during the last four calendar quarters prior to the claim filing date. Confidential and Proprietary 10

11 Current Process and Procedures Separation Claim Communication Employee separates. Claim is filed and sent to nearest EFX mail center. Once claim is received by EFX, it is scanned into our system and sent to Your Unemployment Insurance Consultant. A request for information will be sent to location contact. Contact provides information to the UIC. We will be requesting specific details from final incident and any supporting documentation. Appeal Decision State If either party appeals, they must submit this in writing by required due date. Your UIC will handle the appeal for you. By filing appeal, we are requesting an administrative hearing. All hearing details will be sent with hearing notice once it is scheduled. Once all of the details have been reviewed, the adjudicator will make a decision. This decision will be mailed to the claimant and to EFX. Either party may appeal if unsatisfied with outcome. Your UIC will notify you if benefits have been awarded. The UIC will submit the completed claim form to the state. A state adjudicator will review all of the details of the case. Additional details or rebuttal statements may be requested at this time. Hearing Hearing Decision Board of Review Once hearing officer has reviewed all details of the case, he will issue a decision. Copies will be mailed to all parties. The UHC will notify you of decision. Either party may appeal to the Board of Review if they are not satisfied with the outcome. No new testimony or documents can be submitted at this point. All parties will receive a copy of the hearing notice. All previously submitted details will be included. Your Hearings Consultant will contact the witness for the case and prepare them for the hearing. Once hearing is complete a hearing decision will be mailed. If you request an appeal to the Board of Review, Equifax will complete all required paperwork. The Board will review all of the details of the case and make a final decision. This is typically the final decision for the case. The only level of appeal after this is to a court of law. Confidential and Proprietary 11

12 Types of Separations Voluntary Quit I quit No show/no Call for three or more days Discharge Misconduct Attendance Violation of Policy Lack of Work Completed Assignments Plant closing Position eliminated Confidential and Proprietary 12 12

13 Voluntary Quit The burden of proof is the responsibility of the former employee to show there was good cause to quit attributable to the employer. Examples of Good Cause A change in the condition of employment Compelling reasons Continued employment must be available Documentation Forced Resignation = DISCHARGE Letter of Resignation Employee Statement Receipt of Policy Other evidence of quit ALWAYS ask for a signed letter of resignation! Confidential and Proprietary 13 13

14 Discharge The burden of proof is the responsibility of the employer to prove that the employee was discharged for misconduct. Misconduct A deliberate and willful disregard of employer s interest or repeated violations of a known company policy Documentation: Tip: Create a progressive disciplinary timeline Date and details of the final incident Copy of the policy violated Acknowledgment of the policy (i.e. handbook acknowledgment) Copies of any prior warnings Witness statements if applicable Confidential and Proprietary 14 14

15 Discharge Typically Not Disqualifying PROTEST Poor Work Performance Wouldn t or Couldn t? Lack of ability couldn t deemed beyond employee s control Attendance Beyond the employee s control Isolated Incident No prior warnings Good Faith Error Company s best interest Confidential and Proprietary 15

16 Use Caution With the Following Terminology inefficiency mutual agreement poor performance inability unsatisfactory work All of these could result in payment of benefits. It is the employer s responsibility to hire the right person for the job. To Effectively Communicate Misconduct Use the Following Terms: Deliberate Willful Negligent Knowingly violated or Repeated violations of. Equifax Confidential and Proprietary 16

17 Lack of Work Not Disqualifying Intent of Unemployment Job Eliminated No positions available Reduced hours Full-time to Part-time Job Offers and Refusals Equifax Confidential and Proprietary 17

18 Unemployment Best Practices Implement sound company policies, that are not too vague but not too complicated All employees need to be made aware of company policies at the time of hire. Their acknowledgement of receiving a copy of the policies or company handbook should be recorded in the form of a signed documents or electronic signature. Follow your policies as outlined and enforce them uniformly or they cannot protect you. Documentation is key! Document all employee activities, such as warnings (verbal or written), investigations, suspensions, etc. All documentation should be specific and include the details of the incident, the date of the incident, name of manager or witness involved, and both current and next disciplinary steps. File all documentation and keep available for 2 years. Send all pertinent documentation with initial response including: specific details of the final incident, a copy of the policy violated, signed acknowledgment of the policy, copies of prior warnings, and witness statements if applicable. If the individual voluntarily quit, send the letter of resignation if available. Unemployment Hearings The first hand witness needs to participate If the claimant s story is conflicting with the employer s story, and the first hand witness is not there to provide 1 st hand testimony, the state will give more weight to the claimant s statement. Respond timely to all unemployment documents Some forms have short turn-around times, but we need to respond by the state issued deadline. Potential loss of non-charge for failing to respond timely with sufficient information Equifax Confidential and Proprietary 18

19 Unemployment Best Practices Forward any unemployment documents to Equifax immediately Sometimes the state will mail the claim to the borough. These need to be forwarded to Equifax right away for proper handling. Monitor your Unemployment Activity Use Equifax online reports to view your claims activity and charges Equifax checks for state errors, but as the employer you will have more insight and catch things we may not Equifax Confidential and Proprietary 19

20 Questions? Nicole Laws Client Relationship Manager Equifax Workforce Solutions Ph Equifax Confidential and Proprietary 20