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

We will be covering five topics: 1.Monetary and Personal Eligibility 2.Chargeability and Liability 3.Separation Issues 4.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 or not an employer’s account will be held chargeable for benefits paid to a claimant.

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 Process Discharge 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 Process Quit Contact the Claimant Not Related to Work Not for Good Cause Decision Related to Work Good Cause Contact Employer No New Information No 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 Fax to (208)

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 B. 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?

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) Employer Phone Line (208)

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 ext 3532 Tyler Smith, UI Technical Services Specialist ext 3304