July 30, 2019
Unemployment Basicsby Shawn
First of all, there are no guarantees in unemployment. Each case is decided by the State on an individual basis. Even instances where it seems very straight forward that you should win the claim, you may still lose if the person quit for a compelling reason beyond their control. For example, you may lose the case if your employee quit because they are escaping from domestic violence or their military spouse is being relocated. It is also important to know that if you terminate someone because they did not have the skills to perform the job or they were unable to be successful because of their skills, they will most likely win unemployment. Unemployment is only denied when the employee did something that violated a company policy or was significant misconduct AND they knew that their behavior would lead to termination. Here are the top 5 steps you can take to increase your chances of winning an Unemployment claim:
- Document, Document, Document. The more documentation you have to support your claim, the better.
- Have policies in place that clearly state what is and what is not acceptable. Having an employee handbook, that you can prove the employee knew about, will go a long way.
- Have a comprehensive disciplinary policy and use it consistently. Not only should you have a policy that states what is and is not acceptable, you should have a policy that describes what happens when the rule or policy is violated.
- Ensure your employees are aware of your policies and that they know when they violate them. You must hold your employees accountable EVERY time a rule is violated.
- Give your employees a chance to correct the problem. The key to winning an unemployment claim is proving that the employee knew what they were doing was wrong and they knew the consequences of their actions. Documenting poor performance and outlining the consequences in that document are key.
Get the latest blog posts sent right to your inbox.
Avoiding the Pitfalls of Making it All About You
The Importance of Empathy
Preparing for a Layoff - 4 Facts to Keep you On Track
Knowing the Why
What Can I Do Today, to Prepare for Tomorrow
Perception is Everything
Maintaining Composure During Change
Four Signs it is Time to Update your Company Policies
The Benefits of Befriending your Competition
5 Mistakes You Can't Afford to Make
The Art of Getting to the Point
Changing Your Perspective
Meet Generation Z
Correcting Poor Performance with Empathy
Pandemic Flu Policy - Why there is no such thing as being over prepared
5 Tips for an Awesome Performance Review Process
Emergency Preparedness and Employee Relations
Halloween at Work Can Be a Treat or Tricky - 5 Dos and Don'ts
Returning to the office full time - You have some thinking to do
Employee Appreciation in Uncertain Times
Top Tips for Communicating a Layoff
Defining Workplace Culture
Back to Basics - Termination or Layoff
COVID-19 and Discrimination
EEO-1 Report- What You Need to Know
GINA- What You Need to Know to Protect Your Business
Non Competes and Non Solicitation Agreements Are they even worth it
The Importance of Employee Handbooks
New Year New Rules
HR Audit- Why You Need One
Severance to Pay or Not to Pay, That is the Question
Back to Basics- What is Disparate Impact
ADA and COVID-19
Return to Work Amid COVID-19 Part I
Leading Your Team Through COVID-19