Collateral estoppel has become a hot topic in the past few years as many states take measures to address this legal concept in their unemployment rules and regulations. CCC has taken the time to review the state unemployment rules & regulations, and when that has been unclear, we reviewed the administrative precedent decisions that are guiding the decisions coming from state unemployment agencies.

What is collateral estoppel? Collateral estoppel is a legal term which bars the relitigation of a claim. The term is more commonly referred to as “issue preclusion.” In layman’s term, collateral estoppel simply means that if a party pursues a case, and then acts to pursue an additional case of similar nature; then the findings of the prior case apply to the 2nd case.

Click here to view our April 2018 Guideline, which covered this topic.

When a separation occurs, and the former employee files an unemployment claim, often employers must consider what other types of litigation may be occurring (or have occurred) with that individual.  These other legal matters may be reviewed as a condition determining whether the employer chooses to protest an unemployment claim. As a client of CCC, we provide information on regarding the unemployment claim itself and advise that if there are other legal considerations, we highly recommend that the employer speaks with their legal counsel.  This is because the concept of collateral estoppel is a very sticky process and is in the middle of an upheaval nationally.     

For example, in the Commonwealth of Pennsylvania, there are both legislative language and a precedent unemployment decision which provide conflicting information.

When talking about collateral estoppel, the necessity of attending and being fully prepared for unemployment hearings is a critical issue. If this information has a possibility of being used in another legal forum, your best information should not just be provided at the hearing level, but to insure compliance with UI Integrity Legislation, must be provided with the initial claim response. In a growing number of states, only if a timely and complete response is provided at the initial claim level can the employer proceed to the unemployment hearing.

Our Collateral Estoppel Study provides an overview of the issue in each state, along with the statutes and decisions we’ve found guiding the issue.

CCC works in all 50 states to manage the unemployment programs for organizations both large and small. This includes:

Contact CCC to learn how we can assist your organization at 800.207.6926 or contact@corporatecostcontrol.com.

 



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