1. Minnesota Unemployment Insurance (UI) Program Website: www.uimn.org

2. Who is eligible for UI benefits?

3. And how can you protect your UI account?

4. 1. Qualifying for a Benefit ( You have to work.) ↓ Please answer questions in Section 1

5. T / F 1. QUALIFYING FOR A BENEFIT To be eligible, you must have worked at least 30 hours a week for three months or more. Benefits can be based on temporary employment. Benefits are about two-thirds of your average weekly wage. Maximum amount of benefits is six months, less if you did not work all of the prior year.

6. 2. Applicant Availability for Work ↓ Please answer questions in Section 2

7. T / F 2. APPLICANT AVAILABILITY FOR WORK Applicants must complete a career self-assessment and job search plan. Workers who are on a medical leave of absence can get UI benefits. An applicant who is a student can limit his work search to part-time jobs that fit his school schedule. You can go on vacation for up to one week and it won’t affect your UI benefits.

8. 3. Employer UI Costs & Scheduling of Work ↓ Please answer questions in Section 3

9. T / F 3. Employer UI Costs & Scheduling of Work Workers pay for unemployment insurance through their state tax withholding. The longer you keep an employee who can’t do the job, the higher your potential UI cost will be. If an applicant applies for benefits because they lost their other job, and you continue to provide them with a regular schedule of work, you will not be charged for their benefits. If you schedule a worker for less than half their usual weekly hours of work, they can apply for and receive UI benefits.

10. 4. Quits ↓ Please answer questions in Section 4

11. T / F 4. Quits Most workers who quit their jobs are not eligible for unemployment benefits. A long-term cut in pay or hours of 20 percent or more is good cause to quit and receive benefits while you look for a new job. If your benefits are based on layoff from a full-time job, you can quit a part-time job without penalty. If your boss is unfriendly and critical of your work, that is a form of harassment, so you can quit and get UI benefits. If you quit because of working conditions, to be eligible for benefits you must have complained to the employer and allowed them time to resolve the problem.

12. 5. Discharges ↓ Please answer questions in Section 5

13. T / F 5. Discharges for Misconduct Getting fired for unsatisfactory work performance will disqualify you from benefits. Being fired for violating a written policy disqualifies you from benefits. Being fired for arguing with co-workers or your boss disqualifies you from benefits. Fudging on your time card by ten minutes is not a serious violation, so does not disqualify you from benefits. The more reasons an employer has for firing someone, the more likely they will be disqualified from benefits.

14. 6. Discharge for Absenteeism or Tardiness ↓ Please answer questions in Section 6

15. T / F 6. Discharge for Absenteeism or Tardiness The average U.S. worker has 7 unplanned absences per year. Getting fired for poor attendance disqualifies you from getting UI benefits. The reasons for absences are more important in deciding benefit eligibility than the number of absences. If you have a “no fault” attendance policy, it’s a waste of time to document the reasons for an employee’s absences. Being fired for “no call-no show” absence usually disqualifies one from UI benefits.

16. 7. Employee Discipline ↓ Please answer questions in Section 7

17. T / F 7. Employee Discipline It is a good idea to take the time to review the employee handbook with new hires, tell them what is important in it, and have them sign off on it. It is inappropriate to issue warnings to workers for minor rule violations. It is easy for an applicant to deny to the UI office that he had verbal warnings. Some behaviors require no warning or policy to be disqualifying.

18. 8. How do we decide whom to believe? ↓ Please answer questions in Section 8

19. T / F 8. How do we decide whom to believe? If you fire someone and want them to get benefits, the UI Program will pay them. Minnesota’s UI Law says any decision that the applicant is not eligible for benefits must be fully supported by facts. When applying for benefits, some applicants use poetic license in describing why they became unemployed. If an applicant’s statement is different from the employer’s, we believe the employer because they are usually more honest about what happened. Applicant statements to the UI Program are rarely hearsay, but employer statements often are. If you fired an applicant for bad behavior, no witness statements are needed because applicants usually admit to what they said or did. If you have supporting documents such as warnings, you should send them in only if there is an appeal hearing.

20. If you are alleging misconduct, get your… …because ties go to the applicant.

21. 9. When should you respond to a “claim”? ↓ Please complete Section 9

22. When the applicant:  is still working for you. (Give their hours per week and hourly rate of pay.)  is unemployed for a reason other than a layoff (quit, fired, leave of absence, suspension, refused recall)  might not be available for work (full-time student, severe work restrictions, self-employment, etc.)  has applied for a disability or pension benefit.  is receiving vacation or severance pay from you. (If we need more information, we will always contact you.) Section 9. When Should You Respond to an Application for Benefits?

23. Try to keep employees’ work hours fairly stable. Give policy training to new hires & have them sign for it. Don’t delay investigating safety or harassment complaints & inform complainant of action. Use warnings/progressive discipline for minor offenses. Document ALL warnings and reasons for absences or tardiness. Remember that misconduct is serious and intentional or negligent behavior. When you allege misconduct, send us all of the details and documentation. Section 10. Suggestions to Remember:

24. Any Final Questions?

25. We appreciate your interest !!!

26. Section 1. Qualifying for a Benefit To be eligible, you must have worked at least 30 hours a week for three months or more. False – There is no hours or weeks worked requirement, just $2,700 in gross wages anytime in the past 4 - 5 calendar quarters. Benefits can be based on temporary employment. True – As long as earnings requirement (above) and other eligibility requirements are met.

27. Section 1. Qualifying for a Benefit Benefits are about two-thirds of your average weekly wage. False – Benefits are usually about half of the average (gross) weekly wage when employed. Maximum amount of benefits is six months, less if you did not work all of the prior year. True – As stated in the previous question, benefits are usually about half of the gross weekly wage. 26 weeks of benefits are generally available over a 52-week period (the “Benefit Year”).

28. Section 2. APPLICANT AVAILABILITY FOR WORK Applicants must complete a career self-assessment and job search plan. True – Unless they have a definite recall date within 6 weeks. Some applicants are also required to attend a Reemployment Skills session at a WorkForce Center. Workers who are on a medical leave of absence can get UI benefits. False – Workers who are on a medical leave of absence are generally not able to work. Unemployment Insurance is NOT a disability program.

29. Section 2. APPLICANT AVAILABILITY FOR WORK An applicant who is a student can limit his work search to part-time jobs that fit his school schedule. False – Job comes first, school second. Students must be willing to quit or rearrange classes to accept work, unless they are in DEED-approved retraining. You can go on vacation for up to one week and it won’t affect your UI benefits. False – You can take a vacation, but you can’t be paid for the time you’re gone (not even one day).

30. Section 3. Employer UI Costs & Scheduling of Work Workers pay for unemployment insurance through their state tax withholding. False – Employers pay for the unemployment benefits their former employees receive. For-profit employers pay a tax on every employee, every quarter. Non-profit and governmental employers pay us back dollar-for-dollar – they can elect to pay the tax, but it’s usually much more expensive.

31. Section 3. Employer UI Costs & Scheduling of Work The longer you keep an employee who can’t do the job, the higher your potential UI cost will be. True – Your pro-rata share of benefit charges is based on how much you paid them in the past 4-5 quarters (the “Base Period”). The more you paid them, the more UI benefits will potentially be charged to your experience (tax-payers) or liable to pay (reimbursers).

32. If an applicant applies for benefits because they lost their other job, and you continue to provide a regular schedule of work to them, you will not be charged for their benefits. True – She applied for benefits because of losing the other job, not yours. But if you’re not providing a consistent schedule that is within 90% of their previous work with you, your account could be charged. Section 3. Employer UI Costs & Scheduling of Work

33. If you schedule a worker for less than half their usual weekly hours of work, they can apply for and receive UI benefits. Maybe !!! – Benefits are about half one’s weekly gross wage. If gross earnings are less than that, an employee could apply and get a partial benefit. Section 3. Employer UI Costs & Scheduling of Work

34. Section 4. Quits Most workers who quit their jobs are not eligible for unemployment benefits. True – But, there are some exceptions: Quitting for a “better” job that falls through. Medical reasons are also quite common. We require a good doctor’s statement and the employee must have asked for accommodation: time off, light duty, etc. They aren’t eligible until their doctor releases them to return to work. If you let them go, you’ll be charged. Additionally, our law address “good reasons to quit caused by the employer” – we’ll get to that one later…

35. Section 4. Quits A long-term cut in pay or hours of 20 percent or more is good cause to quit and receive benefits while you look for a new, better-paying job. True – The MN Court of Appeals has ruled that cuts in that range are a “good reason to quit”, unless you were hired to work a variable number of hours. We don’t encourage anyone to quit when their hours are reduced. They’re usually money ahead to keep working while they look for a new job.

36. If your benefits are based on layoff from a full-time job, you can quit a part-time job without penalty. True – Full-time is 32 hours or more, and part-time is less than 32 hours. Our law would say that a part- time job is not “suitable employment” for a worker who lost a full-time job. Section 4. Quits

37. If your boss is unfriendly and critical of your work, that is a form of harassment, so you can quit and get unemployment benefits. False – The Minnesota Courts have said that everyone is expected to tolerate a certain amount of conflict or stress on the job. And bosses have the right to supervise and criticize (i.e. manage) their employees. However, if it becomes abusive, then there may be good cause to quit. Section 4. Quits

38. If you quit because of working conditions, to be eligible for benefits you must have complained to the employer and allowed them time to resolve the problem. True – If you think you’re being harassed (sexually or otherwise) or subjected to unsafe or unfair working conditions, you have to first tell management and give them a chance to fix it (unless it’s coming from the boss – they’re trained and should know better). Section 4. Quits

39. Section 5. Discharges for Misconduct Getting fired for unsatisfactory work performance will disqualify you from benefits. False – UI law defines misconduct: it must be serious, and intentional or negligent. Serious means the average reasonable employer would fire you for it, not just give you a warning. Intentional or negligent means you knew better. Not being able to perform well enough is NOT misconduct. Warning someone to do better does not magically give them the ability to do so. If you want to show misconduct, you need to describe in detail how the employee was insubordinate or negligent in their work.

40. Serious? Intentional? Negligent? Yup !!! Probably not… Maybe…

41. Being fired for violating a written policy disqualifies you from benefits. Maybe !!! – Was the violation serious or just minor? Which violations are serious? Those involving safety, dishonesty, threatening or insubordinate behavior. Being late coming back from break? Not so much… But, minor violations become serious if there were past warnings for them (progressive discipline). Section 5. Discharges for Misconduct

42. Being fired for arguing with co-workers or your boss disqualifies you from benefits. Maybe !!! – Again, how serious was the behavior? Was it something a reasonable person would expect to get fired for? If it wasn’t that serious, were there prior warnings for similar behavior? As the employer, you DO have the right to tell Sam that he must to talk to you, not Joe, if he doesn’t like something that Joe is doing. Section 5. Discharges for Misconduct

43. “Fudging” on your time card by ten minutes is not a serious violation, so it does not disqualify you from benefits. False – Dishonesty is usually serious. Most employers call this time theft, getting paid for time not worked. Falsifying production or inspection reports is also serious. Getting arrested for a dishonest act can also get you fired for misconduct – acts outside the workplace can affect you in the workplace… Section 5. Discharges for Misconduct

44. The more reasons an employer has for firing someone, the more likely they will be disqualified from benefits. False – Sometimes, but it usually doesn’t work to respond with “let me count the ways this guy was a bad employee”. If you can’t identify a main reason or what happened to trigger the discharge, then it probably isn’t misconduct. However, there is the “last straw” concept in the law, where there’s a string of unrelated negative behavior or warnings. Section 5. Discharges for Misconduct

45. Section 6. Discharge for Absenteeism or Tardiness The average U.S. worker has seven unplanned absences per year. True – And, it’s 6 absences per year for those who really love their job.

46. Section 6. Discharge for Absenteeism or Tardiness Getting fired for poor attendance disqualifies you from getting UI benefits. Maybe !!! – But for absences to be disqualifying, they have to be misconduct, and to be misconduct, at least some of them have to be intentional or negligent. Is getting sick intentional or negligent? The Minnesota UI Law says that absence due to illness or injury (of the worker or their dependent), with proper notice to the employer, is NOT misconduct.

47. The reasons for absences are more important in deciding benefit eligibility than the number of absences. True – We do look at how many… but, then we look at how many of them may have been avoidable or preventable, especially after one or more warnings. Section 6. Discharge for Absenteeism or Tardiness

48. If you have a “no fault” attendance policy, it’s a waste of time to document the reasons for an employee’s absences. False – Even if you have a no fault policy (“point system”), you should document the reasons for employee absences. If you ultimately have to discharge the employee and they apply for benefits, your documentation could be critical in showing misconduct. Section 6. Discharge for Absenteeism or Tardiness

49. Being fired for “no call-no show” absence usually disqualifies one from UI benefits. True – Not calling in is serious. It shows a substantial disregard toward the employer and their job. Section 6. Discharge for Absenteeism or Tardiness

50. Section 7. Employee Discipline It is a good idea to take the time to review the employee handbook with new hires, tell them what is important in it, and have them sign off on it. True – A policy handbook says “This is how we do things here.” And… “This is what is NOT allowed.” You might have an A list and a B list… However, if you don’t review policies with new hires, human nature is to skim it, or not get around to looking at it, not to mention remembering all of it.

51. It is inappropriate to issue warnings to workers for minor rule violations. False – Repeating behavior after warnings can make minor issues serious and therefore misconduct. Progressive discipline is important (hard to refute): 1.Verbal warning (having a witness is good, but definitely document in your file that the warning was issued). 2.Written warning stating another occurrence could impact the employment (suspension/termination). 3.Suspension (“Next occurrence = termination”). 4.Termination. Section 7. Employee Discipline

52. It is easy for an applicant to deny to the UI office that he had verbal warnings. True – And most do. Most workers don’t consider them warnings at all, if they weren’t written up and asked to sign. So, tell them it will be noted in their HR file. And then write a dated note and file it the same day, describing what the employee did and what they were told. Section 7. Employee Discipline

53. Some behaviors require no warning or policy to be disqualifying. True – Duh !!! What are some examples? Theft, Threats, Violence, Gross negligence of duties, and Outright insubordination. Section 7. Employee Discipline

54. Section 8. How do we decide whom to believe? If you fire someone and want them to get benefits, the UI Program will pay them. False – Nope, we need to determine if they’re eligible. But we can’t force you to give us information. However, if applicants won’t tell us what happened, we can’t pay them. Federal law controls this.

55. Minnesota’s UI Law says any decision that the applicant is not eligible for benefits must be fully supported by facts. True – Facts, not allegations, not conclusions or suspicions. What happened, when, why, what shows that it was intentional or negligent? “He threatened a co-worker,” is just an allegation until you tell us exactly what he said or did, when, to whom. Section 8. How do we decide whom to believe?

56. When applying for benefits, some applicants use poetic license in describing why they became unemployed. True – If everyone was honest with us, we’d have to lay off some of our adjudicators. Because not everyone’s honest, if you’re contesting benefits you need to be specific and detailed in your responses. Details make it real for us, in case the applicant’s version is different. Section 8. How do we decide whom to believe?

57. If an applicant’s statement is different from the employer’s, we believe the employer because they are usually more honest about what happened. False – We believe whoever has the best, most consistent details, documentation, witnesses, and what is more likely to have happened. The UI Law calls this the preponderance of evidence. Not proof, but a preponderance of facts. Employers often have the advantage regarding documents and witnesses. Section 8. How do we decide whom to believe?

58. Applicant statements to the UI Program are rarely hearsay, but employer statements often are. True – What’s hearsay? Second hand information or testimony. “Joe said that Sam said…” Sometimes employers provide only hearsay, such as a summary of what happened from HR. For attendance issues, that usually works if you have the record. But for behavioral issues or incidents, the summary from HR carries less weight than an actual eyewitness account. → Guess who’s always an eyewitness? The applicant! Section 8. How do we decide whom to believe?

59. If you fired an applicant for bad behavior, no witness statements are needed because applicants usually admit to what they said or did. False – Ha, ha. Some do. Most don’t. To be on the safe side, assume an applicant fired for bad behavior won’t be entirely honest, so give details and if there are witnesses, provide their statements. Section 8. How do we decide whom to believe?

60. If you have supporting documents such as warnings, you should send them in only if there is an appeal hearing. False – Send us everything you have (that is relevant to your decision to discharge the applicant). And maybe you’ll save the time and aggravation of an appeal hearing. If you fired someone and you know for sure it wasn’t misconduct, you don’t have to send us copies of anything. A sentence stating the reason is usually good enough. “His skills weren’t right for the job.” Section 8. How do we decide whom to believe?