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Question:

If our client is requesting our employee be removed from their site, can we protest the claim?

Answer:

Some employers conduct business by supplying employees to other companies – A staffing company or a security company would be two examples.

Often the employer’s client might request that one of your employees be removed from their site or location.  There are many reasons why your client might ask that one of your employees be removed from their location, but this does not necessarily mean that the claimant should be disqualified from receiving unemployment benefits.  You have to remember for a claimant to be disqualified from receiving unemployment benefits the employer MUST show that willful misconduct actually exists.

A simple test to see if you should be protesting/fighting the claim. Answer this question: when your client reported the reason to you as to why they no longer want your employee working at their location, did you discipline them or separate them from employment?

It is important to note,  that if you are using the reason provided to you by your client to discipline your employee, you will need to be able to “prove” your case to disqualify the claimant from receiving unemployment.  Since your client is the actual eyewitness to the final incident, they would be needed to testify at the unemployment hearing.

Do you have a question you’d like answered?  Contact CCC at (800) 207-6926 or at contact@corporatecostcontrol.com


Contact CCC to see how we can save your organization time and money.
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