Termination

Purpose of Process:

The state levies unemployment premiums based on the number of former employees receiving unemployment compensation. Thus this process is to control and manage the cost of state unemployment premiums.

Recommended Steps in the Process:

1. The employee submits a claim to the state unemployment agency as a result of loss of job or reduction of work hours. The employee is generally eligible for unemployment benefits if the loss of work was not the fault of the employee. The employee is ineligible for benefits if he/she:
   • Voluntarily quit their last job
   • Voluntarily retired from their last job
   • Were discharged from their last job for misconduct
   • Left work because of a trade dispute
   • Refused to take suitable work
   • Failed to apply for a job when referred by a public employment office
   • Failed to make reasonable efforts to get work
   • Is physically unable to work
   • Made false statements or withheld information
   • Failed to submit a claim for a week of benefits within 14 days of the week ending date
     
     
2. The state unemployment agency sends the company a form requesting verification of the statements made by the claimant regarding unemployment.
   
   
3. Review the form and verify that it is correct.
   
   
4. If information is correct, the form does not need to be returned to state unemployment agency. The form can be destroyed.
   
   
5. If information is incorrect, put the correct reason for termination on the form and return it to the state unemployment agency before the stated due date.
   
   
6. The state unemployment agency will issue a determination letter.
   • If the determination is in favor of the company, no further action is required. The claimant may appeal the claim, in which case the state agency will notify the company.
   • If the determination is against the company, then review the decision and discuss with legal counsel if an appeal is warranted.
     
     
7. If no appeal is warranted, file the determination letter in employee's shadow file (see Maintaining Personnel Files process).
   
   
8. If an appeal is warranted, prepare a written request for an appeal hearing, coordinating with legal counsel, and submit it to the state unemployment agency.
   
   
9. Upon receiving notification of the appeal date, schedule the appropriate people (supervisor and other "witnesses" as appropriate) to attend the hearing on the company's behalf.
   
   
10. Prepare all supporting data and documentation for the appeal (coordinate with legal council).
    
    
11. Arrange a meeting in advance of the hearing, with legal council and all participants, to discuss roles and presentation before the Administrative Law Judge.
    
    
12. Attend the hearing and present the company's position in a clear and calm manner.
    
    
13. The determination of the Administrative Law Judge will be mailed to the company. Inform all other participants of the outcome.
    
    
14. If the Administrative Law Judge rules against the company, discuss with legal counsel if a further appeal is warranted. Typically it is not worth the cost and effort to appeal the decision a second time.

Process Tips:

Good documentation of the nature of the employee's termination is key to the success of winning an appeal (see the Disciplinary Action process).