Unemployment claim denied, do we still have to pay
Frenchie
116 Posts
We terminated an associate for a serious violation of company policy. His unemployment claim and subsequent appeals were denied. Since then he has worked for another employer for six weeks and been laid off. Today I get a notice that his claim from his last employer has been allowed, and we are chargeable for 81%. Does this mean we ultimately have to pay? Somehow that doesn't seem right.
Comments
Make it known during the hearing that the ee was denied benefits when he was discharged. I would would use the same argument as you did when you went through the process the first time, along with your normal buzzwords - that he would be empployed if not for his misconduct, and that his action(s) were not in your best interest. Point out that the ee was laid off from another employer, not a situation that you could control. Depending on the Appeals Referee, you could either 1) not be charged , 2) lower the amount that you are charged for, or 3) still have to pay 81% of the benefit. It sucks and is another example of a program that is allegedly neutral being biased.
Here's the one that gets me: In WI, if there are two base period employers, and the ee gets laid off from the primary employer, the secondary employer gets to pay a percentage of the UC even though that employer continues to employ the person at the same level. In other words, we employ someone in our Parks Dept, and he earns 20% of his total salary from us during his base period. His primary employer lays him off, and we get to pay 20% of his UC even though he continues to work for us at the same level as always.