TALX Employer Services

1
TALX Employer Services
A Tradition of Service Excellence
2
How Unemployment Insurance Works
Worker loses job
Reports to nearest Unemployment Office
Registers for work and files claim
State requests Employment Data
3
How Unemployment Insurance Works
Eligibility Depends on Whether Worker
Has worked in covered employment for sufficient
time and wages
If not, disqualified
Is physically able to work, available to work,
looking for work
If not, disqualified
If eligible,
Became unemployed through no fault of their own
If not, disqualified
check is issued
4
Unemployment Claim Process
Protest
Separation
Claim
Determination
Hearing
Appeal
Decision
Appeal
Board of Review
The UCM claims management process could take up
to three years to conclude when multiple appeals
are involved.
5
Base Period and Benefit Year
Claim Filed
52 Weeks
1 qtr
2 qtr
3 qtr
4 qtr
5 qtr
Base Period
Benefit Year
6
effective
The most
way of reducing
benefit charges
is to get
DISQUALIFICATIONS
7
Grounds for Disqualification
Quit Without Cause
Discharge for Misconduct
Disqualification
Refusal of Suitable Work
8
Disqualification Is Important Because It
Reduces benefits in many states Can result in
non-charging of employers account Can result in
credits to the employers account (when
received at the redetermination or hearing
level) Forces claimant into the labor market
Can be helpful when defending other employee
initiated actions
9
To Get ADisqualification
Employees must be aware of employers policies
and procedures Policies must be
consistently and uniformly
enforced Employees must be given a fair
chance to meet these requirements
10
The only reliable method of proof is
Documentation
11
Documentation/Discharge
Important Because

• State agencies require facts, not
• conclusions
• claim may be filed a year after
• separation
• Employer must be able to prove
• misconduct

12
Documentation/Discharge
Disciplinary Forms Indicating
Date of infraction Details of infraction Instructi
ons for improvement Notice of next disciplinary
step Signature of employee
13
Documentation/Quit
Important because
Claim may be filed a year after separation
If claimant contends discharge, employer must
be able to prove quit Claimant must show just
cause for quitting
14
Documentation/ Quit

• Letter of resignation, including the effective
  date
• Reasons for quitting
• Copy of exit interview

Gone fishin
15
Documentation/Refusal of Work
Important Because
Claimant may contend just cause for
refusal Employer must be able to prove work
was offered
16
Documentation/ Refusal of Work
Type Location Pay Rate Start Date Phone/Mail Reaso
n

• Type of position offered
• Location of employment
• Rate of pay
• Expected starting date
• Manner in which position
• was offered
• - Phone
• - Mail
• Reason for refusal

17
Common Separation Issues
18
Absenteeism
Employee responsible for reporting absence in
compliance with company procedures
Warnings should be in writing, including dates
and next disciplinary step
Uncontrollable absences are not disqualifying
19
DOCUMENTATIONPOSITIVE DRUG TEST

• Copy of Policy
• Proof Claimant is Aware of Policy
• Signed Consent Form
• Protocol-Chain of Custody
• Confirmation of Positive Results
• Be prepared to answer questions on type of test,
  credentials of laboratory and who has access to
  results

20
PART-TIME EMPLOYEES

• State views same as full-time
• Reduction from full-time to part-time employment
  must be voluntary
• On-Call or As Needed considered lack of work
  at end of each employment period

21
Leave of Absence

• Voluntary
• In writing
• Specific beginning and ending dates
• Employer notified in writing of any changes
• Failure to return can result in termination
• for job abandonment in accordance with
• company policy

22
Examples of DischargesWithout Just Cause

• Delayed for convenience of employer
• Last infraction not serious/ last straw
• Leave of absence used in lieu of discharge

23
Inability

• Poor performance, poor work quality
• not disqualifying cause for dismissal
• Not construed as disqualifying because
• no misconduct is involved

24
Mutual Agreement
Viewed as discharge by state agency
25
Unemployment Hearings
26
Steps of the Appeal Process
Court
Board of Review
Appeal Hearing
Redetermination
Initial Determination
27
Characteristics of anUnemployment Hearing

• Formal proceeding in person or via telephone
• Witnesses sworn in
• Record made
• Hearing officer leads questioning
• Interested parties may cross-examine
• Testimony taken from witnesses with first-hand
• knowledge
• Documentation will be entered as evidence

28
Hearing Preparation
TALX will counsel and assist you
29
Testimony taken from witnesses with first hand
knowledge Direct testimony is always
given greater weight than hearsay testimony