1. MANAGING UNEMPLOYMENT COMPENSATION
Hosted by: Compensation Services
Good day and welcome to our Manager’s training on Unemployment Compensation. My name is Suzanne Vendena and I am the Sr. Director, Compensation Services. I will be walking you through our Unemployment Compensation presentation. The purpose of this presentation is to acquaint you with the Unemployment Compensation process and to better prepare you for an unemployment hearing.

2. Agenda Background Information Eligibility
Terminations for Misconduct
Voluntary Resignation
Refusal of Employment
Involuntary Terminations
Termination for Absenteeism
Termination for Insubordination
Termination for Language
Termination for Drug Use
OCPS Process & Roles for Appeals & Hearings
Cost Control Suggestions
On your screen, you should see the agenda of items I will be reviewing in this presentation. Today, we will cover:
Background of Unemployment Compensation
Eligibility for receiving unemployment compensation
Roles and process for appeals and hearings
Suggestions for managing our unemployment compensation costs

3. Background Information
Unemployment Compensation ensures that at least a significant portion of the necessities of life can be met while in search of work
A federal-state partnership based upon federal law, but administered at state level under state law
Temporary, partial wage replacement to the unemployed
Important in maintaining stability of the economy
The Unemployment Compensation program was created in 1935 by the Social Security Act to offer protection against the effects of unemployment. It is intended to ensure that at least a significant portion of the necessities of life can be met while searching for another job. Although based on federal law, unemployment compensation is administered at the state level.

4. Background Information
Funding sources:
Employer Taxes
“Reimbursing”
OCPS is considered “reimbursing”
Unemployment compensation is funded in two ways. The first is by employers who pay a tax based on employee earnings. The second method is based on “reimbursing” employers such as OCPS. In the case of reimbursing employers, the employer pays the actual amount of claims awarded to former OCPS employees (also known as “claimant”). For example, if former employees terminated from OCPS are awarded $400,000 in a given year, OCPS is responsible for reimbursing the state for that same amount.
Therefore, it is important to manage our unemployment costs and not pay for claims that could be won. We need to make sure that our Administrators are prepared for the claims hearings OCPS selects to protest. I will describe the types of claims that OCPS would protest and give sample questions the Hearing Officer may ask.

5. The State of Florida, as per Florida Statutes chapter 443, regarding unemployment compensation, is:
“…liberally construed in favor of a claimant of unemployment benefits who is unemployed through no fault of his or her own.”
That state of Florida statutes regarding unemployment compensation are favorable to claimants who are unemployed through no fault of their own. Therefore, the Unemployment Office will normally find for the former employee if the reason for separation is other than misconduct. The claimant may be denied benefits if he/she voluntarily quit without good cause – meaning there were not circumstances such as a hostile work environment or medical reasons. We will discuss some examples of this later in the presentation.

6. Determining Eligibility
A former employee is considered by the State of Florida to be unemployed through no fault of his/her own, unless he/she:
Was discharged for misconduct connected with the work
Voluntarily resigned, although there are even exceptions to this
Failed to accept suitable work
A former employee is considered to be eligible for unemployment compensation by the state unless he:
Was discharged for misconduct in connection with his job.
Voluntarily resigned - although there are some cases in which he would still be eligible for unemployment
Failed to accept suitable work.
In the next slides, we will discuss each of these situations in more depth.

7. Discharges The burden of proof is on the employer
Written documentation is key
Avoid hearsay evidence
Evidence must be based on firsthand knowledge
Some reasons an employee might be terminated for misconduct include violation of written policies and procedures, documented excessive absenteeism or suspension or loss of drivers license required to perform regular duties.
Continue working with your Employee Relations Manager to ensure procedures are followed and OCPS is in compliance. If an employee is terminated for misconduct, it is important to know that the burden of proof is on the employer. During an unemployment hearing you are defending OCPS’s position. Therefore, it is critical that the you keep written documentation and to ensure that written warnings define expectations and consequences of violations. During the hearing you may be asked for the dates and types of warnings the employee received.
The State also requires the OCPS representative have first-hand knowledge and evidence during the hearing. But if there is a case that the supervisor is unable to attend the hearing, the documentation must be thorough and the representative must be a fully informed authority with clarity of the issues. We have lost cases because the employer witness was without first hand knowledge of the claimant’s separation and presented hearsay evidence regarding the circumstances of the discharge.

8. Voluntary Resignation
Reasons without good cause include:
Attending school
Looking for work, e.g. career change
Leaving in anticipation of discharge
Getting married
Staying home with children
In some cases, an employee who voluntarily resigns might be eligible for unemployment compensation benefits. However, in some cases, an employee will be denied benefits for reasons such as:
Leaving to attend school
Looking for another job
Leaving in anticipation of being terminated
Getting married
Staying home with children
This is why a resignation letter indicating the reason the employee is resigning is helpful. Please confirm the dates on the letter are accurate

9. Voluntary Resignation (con’t)
Another reason that is without good cause is:
Job abandonment, no call & no show for five or more days
Please note that when an employee is a no-call/no show the “absence without out pay” code should be entered for payroll time keeping
If an employee continues to receive a paycheck because of personal leave, sick leave or annual leave, an appeal because job abandonment was the reason for termination can not be won

10. Voluntary Resignation
Reasons with good cause include:
Substantial or adverse change in terms of hire, e.g. reduction in hours, pay, duties, or worksite
Evidence of harassment or discrimination
Working conditions detrimental to health or safety
Medical reasons, e.g. doctor’s advice
Care for a dependent child or parent for medical reasons
We’ve discussed some reasons OCPS would challenge a claim for a voluntary resignation. In some cases, an employee who voluntarily resigns is eligible to receive unemployment benefits and we may not challenge the claim. Such cases include:
A substantial change in terms of hire including reduction in hours or pay, change in duties, or a change in work location
Harassment or discrimination
Unsafe work conditions
Recommendation by a doctor to leave the position for medical reasons
Care for a dependent child or parent (more specifically, the employee is relied upon to provide support to child or parent that has a serious or terminal illness).

11. Refusal of Employment
Job offers outside of claimant’s skill or recent experience are generally not disqualifying
Document all details of a job offer
It is possible that a claimant might be denied unemployment compensation benefits if he or she was offered a comparable job that he or she was qualified to perform and turned it down. However, if an employee doesn’t have the experience or skill to perform the job, he will likely be awarded benefits.
The Hearing Officer may ask what skills would be required to perform the alternative job or about the geographical differences of the alternative employment

12. Involuntary Terminations
“Lack of Work” & “Poor Performance” will allow a claimant to collect unemployment compensation:
10- and 11-month employees are not considered “lack of work” discharges, even though they are not working during the summer
These employees have reasonable assurance of continued employment when the school term begins.
A former employee’s poor performance is not considered as misconduct if there was no willful disregard of the company’s rules or policies
In addition to voluntary resignations, there are instances in which an employee may be involuntarily terminated and still be eligible to receive unemployment compensation. If an employee is terminated due to lack of work, he will be eligible for benefits. However, it is important to note that 10 and 11 month employees in OCPS that have reasonable assurance they will have a position at the start of the next school year are not eligible to receive unemployment compensation for lack of work.
If an employee is terminated due to poor performance but there was no willful disregard of the district's rules or policies, he will be eligible to receive benefits.

13. Termination for Absenteeism
Employee is responsible for reporting absences in compliance with company policies
Employer must establish a pattern of excessive, unexcused absences
Warnings should be in writing, including dates and next disciplinary steps
Generally those absences “beyond an employee’s control” are not disqualifying
If an employee is terminated for absenteeism, it is important that the manager maintains appropriate records. The employer must establish a pattern of excessive, unexcused absences. The Hearing Officer will ask about specific dates the employee missed work
Managers should be sure the warnings are in writing, including dates and disciplinary steps. The Hearing Officer will ask about when and in what manner the employee was counseled
An employee will not necessarily be denied unemployment compensation benefits because he missed work more than an employer finds acceptable. Generally, absences that are beyond an employee’s control will not disqualify him either.

14. Termination for Insubordination
Refusal to comply with legitimate work orders, particularly on multiple occasions
A single incident of poor judgment or loss of self-control is not considered misconduct
If an employee is terminated for refusing to comply with legitimate work orders on multiple occasions, he will probably be denied unemployment compensation. However, a single incident will not result in disqualification.
During the hearing you may be asked how the employee was notified about the proper procedures and on what dates did the violations occur? You may be asked if the District Office was notified about this insubordination

15. Termination for Language
Use of vulgar language can be considered as misconduct
Consideration is given to the frequency of the vulgar utterance, the presence of any fellow employees or clients, and the existence of any provocation and the object of the abusive language
The employer must have firsthand knowledge; hearsay evidence is not acceptable
Termination for use of vulgar language might lead to a denial of a claim. The employer must have first-hand knowledge of the use of such language. It is important to maintain specific information including dates, times, and the facts surrounding the incident because you will be asked during the hearing

16. Termination for Drug Use
An employee’s use of illegal drugs, or abuse of prescription medication, as evidenced by a positive confirmed drug test, could constitute abuse
A positive confirmed drug test would be considered as misconduct on the job and subject to termination
Drug use must be confirmed by an independent lab
If you suspect drug use by an employee, always contact the Employee Relations Office
An employee can possibly be denied unemployment compensation benefits if terminated for drug use. This includes the use of illegal drugs or abuse of prescription medication. You may be asked during the hearing if an independent lab confirmed the drug use. If you suspect an employee is abusing drugs, call the Employee Relations office immediately.

17. OCPS Process & Roles
Contracted with TALX Corporation to administer unemployment compensation
TALX is responsible for minimizing expense
Protesting all invalid or erroneous benefit charges against OCPS
Maximizing our cost savings potential
OCPS has contracted with an external vendor to manage our unemployment compensation claims. TALX Corporation is responsible for providing service to ensure OCPS does not pay claims that should be denied. In addition, TALX supports OCPS in providing all necessary documentation and backup in regards to claims filed.

18. The Steps Former employee files for unemployment benefits
TALX sends all initial unemployment claim notices to Compensation Services
Compensation Services collects and submits all pertinent employee information and separation documentation to TALX, who then submits the information to the state unemployment office
If you have any information, such as a resignation letter, please fax to
Here are the steps of an unemployment claim.
The former employee files for unemployment compensation
TALX sends all unemployment claims notices filed by former OCPS employees to Compensation Services and we provide TALX with the separation information.
We contact the department or school and Employee Relations for related documentation. If you have any information, particularly information we would not know about, please provide to us.
Occasionally the Agency for Workforce Innovation will send the claim notices directly to the school or department where the employee worked. If you should receive an unemployment claim notice, you should forward it immediately to Compensation Services, located on the 5th Floor in the ELC. Please fax to

19. The Steps (con’t)
TALX notifies Compensation Services of the ruling. If unemployment benefits are granted, Compensation Services determines if the decision should be appealed. The employee may also appeal the State’s decision
If the decision is appealed the State Unemployment Office schedules a telephone hearing. All hearings are conducted as telephone hearings with the Hearing Officer, former employee and OCPS Representative (usually the Principal or Administrator) in attendance
TALX notifies Compensation Services of scheduled hearings.
With the provided information the State decides if the claimant is eligible for benefits and TALX notifies us of the decision.
Compensation Services decides if the decision should be appealed. The former employee may also appeal the decision if the state does not find in his favor.
If an appeal is requested by either party Compensation Services is notified of when the telephone hearing is scheduled.

20. Preparation for the Hearing
We notify the manager/principal of the date and time for the telephone hearing and then notify TALX of the contact person and telephone number
The Department Head/Principal must attend the scheduled telephone hearing
If you have documentation (directives, reprimands, performance improvement plans, assessments, etc.) that will help our case, please submit to Compensation Services at least 2 days prior to the hearing.
Compensation Services will then notify the manager or principal of the date and time of the hearing. The state is not flexible with changing the hearing date and time. We provide the name of the OCPS representative and the contact phone number to TALX. The manager may have witnesses with him or her on the call if they have relevant testimony. As mentioned, it is also possible to have a TALX representative on the call as well
The designated OCPS representative, preferably the claimant’s former supervisor, MUST attend the hearing. Otherwise, the claim will automatically be found in favor of the former employee.
The hearing is a formal process with the Supervisor and the witnesses swearing in.
The Hearing Officer will have the documentation that Compensation Services previously forwarded. If you have additional documentation such as resignation letters, directives, reprimands, performance improvement plans, or assessments that would support our case, please provide to Compensation Services at least 2 days prior to the hearing. These documents need to be provided to the Hearing Officer and the claimant prior to the hearing or the information will not be taken into consideration.

21. Hearing Results
Based on the information received, the state unemployment compensation office will issue a written decision to grant or deny the unemployment benefits. The written decision is sent to TALX, who then forwards it to Compensation Services
Based on information collected during the hearing, the state will issue a written decision to either grant or deny benefits and Compensation Services will be notified.

22. Cost Control Suggestions
Use proper hiring techniques, which can minimize turnover
Monitor job performance on a regular basis
Ensure employees receive a copy of departmental rules
Report refusals of job offers to your Staffing Manager
Document leave requests and absences on appropriate forms
Obtain resignation letters
Be prepared to present first-hand testimony during hearings
Earlier in the presentation, I mentioned that OCPS is responsible for reimbursing the state for all claims paid to former employees. Therefore, it is extremely important to manage our costs. There are several ways to do this:
Use proper hiring techniques that will minimize the need for terminations
Monitor job performance on a continual basis and document any issues
If your department has your own departmental policies and procedures, provide to your employees and have employees sign that they received
Notify your Staffing Manager of refusals of employment offers
Document all leaves of absence
Obtain letters of resignation that have accurate dates
Be prepared to present first hand information during the hearings and have documentation with you to answer specific questions
This concludes our presentation on unemployment compensation. Hopefully you have found this to be helpful. If you have any general questions regarding unemployment compensation or any questions on a specific claim, please contact Compensation Services at