When discharging an employee, it’s important to know your policies, but even more important, to know the state’s policies on a discharge, for cause. Imagine the state adjudicator handling the case with a checklist that needs to have all boxes checked to deny unemployment benefits. Leaving one box unchecked can result in unemployment benefits being paid out. Covering all your bases starts with proper documentation throughout the claimant’s employment, and at the time of separation.

What went wrong is an important lesson all employers go through when losing a case. Corporate Cost Control is here to assist, so these instances are lessened and even removed altogether. Each state has their own version of what constitutes a discharge, for cause. For this example, we will concentrate on the most common for all states.

There are four main pieces of information/documentation the state needs to deny unemployment benefits. a) Is the policy violated written in your handbook b) is there a signed acknowledgement for receipt of handbook c) was the claimant warned regarding previous violations (this shows the claimant was given the opportunity to reverse their behavior), and d) what were the specific details of the final incident. Ensuring you have a response for all four items above will greatly increase your chances of favorable determinations.

Part of our process in reviewing your policies is to prepare you for the state guidelines and how they will affect the outcome of a claim. Keeping in line with the state unemployment laws and regulations will result in a higher claim winning percentage and ultimately help your bottom line. You can think of your CCC team as being part of your team. Working together in furthering state unemployment tax knowledge goes a long way.

As mentioned, documentation is key and goes hand in hand with first-hand witnesses who have close knowledge of what took place. A good number of cases reach the hearing level at which point both the employer and claimant need to provide first-hand testimony of the occurrence(s). Our hearing coordinating department will help bring it all together by preparing the witness(s) prior to the hearing. Knowing what to expect and being prepared, even for the most seasoned, can prove to be every bit as important as the documents provided.

In summary, well-kept records and notes on any incidents will highly benefit any employer and should be a big part of training. Remember, checking off the adjudicator’s checklist will allow for a much higher winning percentage when it counts. CCC is here to ensure the highest standards are applied to every case we process.


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