How to "Win" Unemployment -- From Those Who Really Know

This article was written by an HR Expert in Minnesota. The information contained in this article are from two Minnesota judges whose responsibilities include educating employers on how unemployment works. There are a couple references to Minnesota law, but the tips given in this article are universal when it comes to defending your company against unemployment claims. Be sure to check with your particular state laws when dealing with unemployment.

Understand the legal definitions of what makes an individual eligible or not eligible for unemployment benefits. Employers must focus their responses on these legal definitions as a strategy to win their case. I typically use the exact wording in the law and explain how the employee's actions or behaviors tie specifically to each applicable definition. For example:

• Minnesota Statute 268.095 subdivision 6 defines “Employment Misconduct.”
• Minnestota Statute 268.095 subdivision 1 defines “Quits.” If an employee quits he/she is ineligible for unemployment unless the reason for the quit meets one of the 10 exceptions in this statute.

Don't assume that the judge will make the leap for you from the law to finding in your favor. You have to provide detailed information describing every aspect of the claim you're making. Don't worry about the length of your response; write as long a response as you need to make sure your response addresses specific examples of what disqualifies the former employee from receiving benefits.

• Be specific on the employee's actions. For example, don't say the employee was “rude to a customer.” Say the employee yelled loudly at the customer, leaned in within 6” of the customer's face, and said,”X,Y, Z.” Then include thoroughly written statements from all witnesses.

Hearings. We know these make or break the case. So be prepared with all your documentation, witnesses, and strategies. The more prepared you are, the better your credibility.

• HR should not be the only person attending an unemployment hearing if s/he is not the sole witness to the circumstances. Have employees, managers and other appropriate witnesses in attendance at the hearing. First hand evidence is pivotal in responding to the former employee's statement that the alleged facts are incorrect. Without a witness to rebut the claims, the judge will more likely find for the employee.

• Do not coach, whisper, or pass notes to witnesses during the hearings. The judges said that it makes the employer look untruthful. Instead, ask leading questions during the questioning: “Do you recall when…."

Documentation. Most managers put off documentation, but it's pivotal to “winning” unemployment and saving the company money. Things to document or that are considered documentation include:

• acknowledgment form from the employee handbook
• attendance at training (include dates and topics)
• coaching meetings/discussions
• verbal warnings as well as disciplinary actions
• witness statements
  

Your response: All related documentation as well as truly thorough and complete responses to each question posed should be sent to DEED as well as to the claiming employee. Do not skip any questions. Even if you think you previously answered the question, answer each question they ask. Follow all timelines. Attach, mail or fax supporting evidence. There is no opportunity to send late documentation so double and triple check that you've answered and included everything.

If you're responding online, enter all your responses in a separate computer document and then cut and paste into the system. Of course, save the document in your computer. The Minnesota system has a 20-minute timer, after which you could be cut off and all your work lost. So write it first, and then file your response.

There's also a relatively new law that prohibits employers from guaranteeing unemployment benefits to employees. So, your best option is not to discuss unemployment with employees at all during their separation (quit or termination).

If I can help in any way with questions you may have regarding unemployment claims or if you would like some assistance in creating a strong response to a claim, please feel free to call or email me.

Copyright (c) Arlene Vernon. All Rights Reserved.