Embed Size (px)
Citation preview
Unemployment Insurance Workshop
September 2015
Leah Reeder, UI Technical Services SpecialistTyler Smith, UI Technical Services Specialist
We will be covering five topics:
1. Monetary and Personal Eligibility
2. Chargeability and Liability3. Separation Issues4. Fraud
Establishing Eligibility
• Monetary Eligibility
• Personal Eligibility
Monetary Eligibility
A claimant’s monetary eligibility is based on the wages they earned during the Base Period
Base Period
Personal Eligibility
•Must be out of work through no fault of their own.• Must be fully available for work.• Must be physically able to work.• Must be seeking or returning to full-time work.
Chargeability
and
Liability
Two Kinds of Employers:
Experience Rated
And
Cost Reimbursement
Experience Rated
Pay a quarterly tax
Tax based on experience ratio Lowest rating =
0.453% Highest rating =
5.4% Entry-level rating =
1.585% Wage Base =
$36,000
Cost Reimbursement
Usually non-profit organizations
Do not pay a quarterly tax.
ALWAYS liable.
They pay their proportionate share of what the claimant receives in benefits.
What is Chargeability?
Chargeability refers to whether ornot an employer’s account will beheld chargeable for benefits paid to aclaimant.
Who is Potentially Chargable
How is it Determined?
What is the base period.
Who is the Major Base Employer (MBE).
Cause of the final separation from the MBE.
MBE is chargeable when:
Laid off due to a lack of
work
Reduction in hours
Discharge not due to
misconduct
Quit with good cause
MBE is not chargeable when:
Discharged for misconduct
Quit without good cause
Voluntary reduction in work
hours
Medical quit
Charges Against Your Account
Labor.Idaho.gov/employerportal
Separation Issues
Discharge Quit
Burden of Proof
Discharge
Employer is the moving party
Employer has the Burden of Proof
Quit
Claimant is the moving party
Claimant has the Burden of Proof
Discharge Issues
The claimant will be denied benefits if the claimant was discharged for misconduct.
Misconduct is: Willful disregard of employer’s
interest Deliberate violation of reasonable
rules Disregard for standard of behavior
that an employer has a reasonable right to expect
What the department needs
Last day of work What was the final
incident Had the claimant been
warned and if so how Conditions of the job
Quit Issues
To be eligible for benefits, the claimant must show that:
The reason for quitting was connected with the employment
The quit was for good cause
What the department needs
Last day of work Why did the claimant
quit Conditions of the job Other options available
Documentation
Some examples are:
Copies of relevant written policies
Signed acknowledgement of written policy
Signed written warnings
First person witness statements
Time cards, attendance records, etc
Fact Finding Process
Investigative ProcessDischarge
Contact the Employer
No Misconduct
Decision
Misconduct Is Found
Contact Claimant
No New Information
Decision
Claimant Gives New Information
Contact Employer for Rebuttal
Decision
Investigative ProcessQuit
Contact the Claimant
Not Related to Work Not for Good Cause
Decision
Related to WorkGood Cause
Contact Employer
No New InformationNo Conflict of Information
Decision
Employer Gives New or Different Information
Contact Claimant for Rebuttal
Decision
What if I disagree?
You have 14 days from the mailing date listed on the determination to file a protest
Either party can appeal
How To File a Protest
Must be in writing and signed by an interested party
Include business name, address and phone number, the claimant’s name and SSN
You can: Mail to: Idaho Department of Labor
Attention Appeals Bureau 317 W Main St. Boise, ID 83735-0720
Fax to (208) 334-6440
New Law - What does that mean
Employers will now be held chargeable for benefits paid to a claimant, when an allow decision is later overturned
72-1351B. FEDERAL CONFORMITY PROVISION PROHIBITING RELIEF FROM LIABILITY. (1) Notwithstanding any other provision of this chapter, an experience rated employer's account may not be relieved of charges and a reimbursing employer may not be relieved of liability for benefits paid to a claimant that are subsequently determined to be overpaid if:
When?
(a) The covered employer or an agent of the covered employer is at fault for failing to respond timely or adequately to the department's written or electronic request for information relating to a claim for unemployment insurance benefits; and (b) The covered employer or agent of the covered employer has established a pattern of failing to timely or adequately respond.
Effective 10/2014
What is an adequate response
(3) A response is adequate if it provides sufficient facts to allow the department to make the correct determination. A response will not be considered inadequate if the department failed to ask for all necessary information.
Reporting Online
What is SIDES E-Response
National Internet-based exchange system
Employers receive and respond to UI requests
Nationally standardized questions
Benefits of SIDES E-Response
• Save on postage• Timely response• Less chance of a follow up
call• Less chance of an appeal• Conforming to seven day
response requirements• Helps control your UI Tax
Rate• It’s FREE to employers
How do I sign up?
www.Labor.Idaho.Gov/SIDES
A Word on Fraud…
New Hire Reporting
Report within 20 days of hire.
labor.idaho.gov/NewHire
Labor.Idaho.gov/reportfraud
Employer Fax Number
(208) 639-3256
Employer Phone Line
(208) 947-1055
Suggestions from Joshua McKenna, Unemployment Insurance Benefits Bureau Chief
Protect Your Account
• Issue a handbook or policy statement to each
employee.
• Issue written warnings signed by employee & have
witnesses.
• Have consistent methods for conveying policy
changes.
• Deal with problems the same way for all
employees.
• Tell us about the last incident causing a discharge.
• Provide first hand accounts of what happened.
• Provide any and all supporting documentation.
• Respond to requests for information in a timely
manner.
• Monitor your on-line account regularly.
Do you have any Questions
Leah Reeder, UI Technical Services Specialist
208-332-3575 ext [email protected]
Tyler Smith, UI Technical Services Specialist
208-332-3575 ext [email protected]
