Session Title Presented by PowerPoint Presentation, PPT - DocSlides

Session Title Presented by PowerPoint Presentation, PPT - DocSlides

2018-10-24 2K 2 0 0

Description

: Rachel Moore. Date. : 9/1/2017. Understanding the . Unemployment System. Controlling UC Costs. 2. Who Is Eligible To Collect Unemployment Compensation Benefits?. An individual that has been separated from their employment through no fault of their own.. ID: 695245

Direct Link: Embed code:

Download this presentation


DownloadNote - The PPT/PDF document "Session Title Presented by" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.

Presentations text content in Session Title Presented by

Slide1

Session TitlePresented by: Rachel MooreDate: 9/1/2017

Understanding the

Unemployment System

Controlling UC Costs

Slide2
2

Who Is Eligible To Collect Unemployment Compensation Benefits?

An individual that has been separated from their employment through no fault of their own.

An individual may be eligible for UC benefits regardless of whether the separation was due to a quit or discharge.

The facts resulting in termination will be a key part in determining if the person lost their job through no fault of their own and if they are eligible for UC benefits.

Slide3
3

Why Bother with Unemployment Claims?

BECAUSE EMPLOYERS LIKE YOU PAY THE BILL

!

The

employer pays the State for every dollar paid to a claimant plus replacement tax.

A

single CA claim can cost up to $

23,400.

Once a claim is lost the employer is exposed to the maximum liability for that claim.

Ultimately every separation represents a real cost!!

Slide4
4

Section 252 Legislation’s Impact

Enacted federal legislation (the Federal Trade Adjustment Assistance Extension Act of 2011) included a mandate for states to make important changes to their unemployment compensation laws. Commonly referred to as "Section 252" or "UI Integrity" laws.

Every state is required to enact legislation consistent with Sec. 252 effective on or before Oct. 21, 2013.

If a state does not enact such legislation, they will risk losing full FUTA tax credit eligibility for all of the state's employers. 

Generally, Sect. 252 aims to hold employers financially responsible for overpayment of UI claims that are due at least in part to the employer's actions.

Slide5
5

Separation Types For Purposes Of

Unemployment Compensation

There are basically three types of employment separations that occur

:

Lack of work

Voluntary quits

Discharges

Slide6
6

Lack of Work

REASON FOR LACK OF WORK

ELIGIBILITY

Elimination of position

Eligible for benefits

Reduction in

workforce

Eligible

for benefits

Reduction in work hours

Eligible for partial UC

Slide7
7

Reduced Hours

Employees are deemed eligible unless it can be shown that it was the employee’s choice to restrict their hours.

If it’s the employee’s choice, make sure to get in writing the reason why they chose to work part-time.

If there is work available, try to provide them with more hours.

Slide8
8

Offering Additional Hours

If you offer employees working less than full time additional hours and the offer is refused, notify HR with the following information

:

When, Who, and How was the job offer made?

Scheduled hours

Reason why the individual refused the offer (Don’t forget to obtain in writing the reason for refusing hours).

Slide9
9

Still Working/Employed

These are actionable claims and a response is recommended.

Not Separated

from Employment

ELIGIBILITY

Underemployed/not working full time hours

Eligible for benefits

Leave of Absence

Not Eligible

Slide10
10

Voluntary Quits

The former employee must prove the quit was with good cause

in order to

receive benefits.

It is necessary that the employer attempt to obtain the reason for the quit in writing whenever possible

.

Important Note

:

If claimant gives notice to quit and you terminate before the last day of the notice the State no longer views this as a

quit,

but as a discharge.

Slide11
11

Quits Not Considered For Good Cause

Examples of quits not considered good cause

:

To attend school

Seeking other employment

Quit in anticipation of discharge or layoff.

Quit to retire when continual employment was available.

Quit instead of accepting a reasonable solution to a problem.

Slide12
12

Is

It Really Good Cause?

Show that the claimant did not seek or accept a reasonable solution other than quitting continual employment.

Refusing

a leave of absence offered by the employer without good cause.

Refused to communicate with the employer regarding issues that prevented them from continuing their employment.

The claimant in general did not explore all reasonable options before quitting

.

The underlying concept here is to communicate and accommodate when possible.

Slide13
13

Discharges For Misconduct

There are four basic elements

that prove misconduct from an unemployment perspective:

There existed a material duty owed to the employer that the employee was aware of.

There was a substantial breach of that duty.

There was a disregard of the employer’s interest.

Breach of duty was a willful or wanton disregard of the employer’s interest.

Slide14
14

Examples Of Misconduct

Recurring negligence after prior

written warnings

with proven ability to do job correctly.

Avoidable absenteeism or tardiness after prior

written warnings

.

Failure to follow reasonable instructions after prior

written warnings

.

Gross Misconduct:

A crime or felony in connection with the worker’s work or negligence/carelessness which the employee should have reasonably known would result in great financial loss to the employer or perhaps jeopardize a life.

Slide15
15

Discharges Not Considered Misconduct

Poor job performance due to inability.

Did not pass introductory period.

Unavoidable absenteeism (sickness, childcare issues)

An isolated (one-time) error using poor judgment that did not expose the employer to real injury.

Repeated violations of policy

without prior warnings

.

Final incident leading to discharge was unavoidable.

Mutual agreement to terminate.

Slide16
16

The Keys To Winning

Discharges for Misconduct

The employer must carry the burden of proof that the discharge was for misconduct:

Written warnings that comply with Company policy.

Acknowledgement of Receipt of Company policies.

Witness(

es

) statement, when applicable.

Other documentation that supports your

position

.

Documentation

Documentation

Documentation

!

The

State gives the benefit of the doubt to the claimant in instances without documentation.

Slide17
17

Why Discharges For Misconduct

Are Lost

When the discharge does not have one of the four elements of misconduct (Basic Elements of Misconduct).

When the final incident leading to discharge was unavoidable or out of the employee’s control.

Example: Employee had excessive attendance issue but the final incident the employee called out sick.

If the discharge is delayed a significant amount of time without a reasonable explanation.

In general any delay in excess of two weeks from the incident that lead to the decision to terminate.

If there is no defined final incident.

Example: Multiple reasons/incidents were listed on the termination paperwork.

Slide18
18

State of Unemployment

Unemployment Trust Fund Solvency

California and the Virgin Islands are the still borrowing

funds as

of August 31, 2017. The remaining states and Puerto Rico have repaid their loans or are in the process of doing so.

As a result California and the Virgin Islands will see an additional

0.3%

offset credit reduction for 2017 (an increase in FUTA tax of approximately $21 per employee). Currently the projected 2017 costs per employee for California and the Virgin Islands is $189.

Slide19

Thank You!


About DocSlides
DocSlides allows users to easily upload and share presentations, PDF documents, and images.Share your documents with the world , watch,share and upload any time you want. How can you benefit from using DocSlides? DocSlides consists documents from individuals and organizations on topics ranging from technology and business to travel, health, and education. Find and search for what interests you, and learn from people and more. You can also download DocSlides to read or reference later.