Unemployment ABC’s

HOW TO PREPARE FOR / HANDLE UNEMPLOYMENT CLAIMS

Before a Problem Arises:

1. Develop a comprehensive employee handbook.
2. Develop a policy / procedure for addressing disciplinary issues.
3. Train supervisors and other decision-makers.
4. Require drivers (and others who must be insurable) to report all accidents and citations immediately.

When a Problem Arises:

1. Do not act “in the heat of the moment.”
2. Document reasons for discipline / discharge.
3. Avoid terminations on Friday, if possible.
4. Plan how and where to terminate an employee.
5. Discuss problems with employees and allow them to explain.
6. Do not lie to employee about reasons for discipline or termination.

When an Employee Resigns:

1. Discuss with the employee the reasons for resignation.
2. Try to have the employee write his or her own letter of resignation.
3. If you want resignation effective immediately, tell employee you are accepting resignation early.

When a Claim Has Been Filed:

1. Respond timely.
2. CONSISTENTLY respond to claims.
3. Have witnesses and evidence available for hearing.

When an Employee is Terminated
Provide Evidence that Will Prove:

1. Misconduct occurred recently;
2. Employee knew / should have known discharge possible;
3. Followed disciplinary procedures;
4. Claimant treated like anyone else.

When an employee is terminated for poor performance:
Remember—

1. Incompetence is not ‘Misconduct.”
2. Focus on facts that show employee could do job, but failed to do so because of acts of misconduct.