Unemployment Insurance Workshop September 2015 Leah Reeder, UI Technical Services Specialist Tyler Smith, UI Technical Services Specialist.

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]