avoiding unemployment
denjen
93 Posts
How do I set up a procedure that would keep us from paying unemployment? We have a traditional three written warnings in place, signed policies, posting policies, and documentation. Yet I feel we continue to get hit with unemployment. Is there anything more I can put in place to keep the company from being chargable?
Yes, I want to stay above the law.
Yes, I want to stay above the law.
Comments
Our standard practice is to request non-charging in all cases because we do not believe we wrongfully discharge. We document, I review all actions prior to termination, and termination acknowlegement letters have very specific language ( . . . your termination resulting from excessive absences . . . ) or policy violation, or even "your voluntary resignation due to another employment opportunity . . ." Nine times out of 10 we are not charged. Even if we think we could be charged, we request non-charging. The persistance of the former employee has some impact. Many people have the mistaken notion that they won't quit , they'd rather be fired to collect unemployment. That doesn't guarantee benefits.
"Further disciplinary problems of this or any other nature could result in termination."
If we go as far as a hearing (usually a phone conference hearing), the Hearing Officer at some point always asks the ex-employee if he/she read the sentence when they signed the form? Their response is usually along the lines of, "Well yeah, but I didn't think they were serious or but I was a good worker." That often results in a case closed in our favor. If the ex-employee says he/she didn't see or read it even though it is just above their signature, the Hearing Officer will often say, "Well you should have." It's not a guarantee, but it tilts the table in your favor.
One more thing, if your state allows a 90-day initial probation period and your company doesn't have one in place, consider implementing one for new hires. Florida allows one, and discharges within the first 90 days for poor work performance relieve employers of unemployment for a period of time.
Unfortunately, there is a long window of time (wages) in unemployment compensation windows, and you can find yourself paying unemployment on an employee that is awarded based on the employee's departure from a workplace that occurred after leaving your employer. It's the nature of the beast.
best wishes.
We have a 60 day review period, I don't believe that mattered either. We once had to pay for an employee that only worked here for 10 days. I will check with the state department to find the right terminalogy for a probationary period.
thank you.
The only sure fire method for not paying unemployment is to not have turnover, and we all know that paying some unemployment may be better than keeping some folks on the staff.
best wishes,
Of course, we've also simply paid out one horrific ee, when we refused to give cause. In that case, we just gladly paid to get rid of a serious problem.
Being incompetent or unable to perform the job does not preclude from drawing unemployment, even though you show where you offered training, etc. and they just could not or would not do the job.
We have had employees dismissed for drug use apply for unemployment and then appeal the decision!
These take up an awful lot of time,but they are real good training ground for supervisors to learn to properly document when they have to go and testify at the commission a few times.