Staffing Agencies and the Absenteeism Unemployment Claim
experienced and expert team from TALX speaks out to help employers manage their unemployment
costs. Here’s what Julie Satory, one of our fantastic Unemployment Insurance
Consultants has to say:
agencies can be at a disadvantage in contesting attendance issues because absences
may not be reported directly or tracked by the agency. As a
rule with temporary assignments, the employee reports to an offsite location
and often only reports their absences to the offsite supervisor.
little foresight can dramatically increase an agency’s odds of winning an attendance
protest that comes a few months after termination. At the time the client offsite reaches
out to the agency and requests termination, the agency should obtain as much
documented information as possible about the absences and keep the information
accessible for when an unemployment claim follows.
claimant has been terminated for absenteeism, the state does not view it as misconduct
unless the employer is able to show that the absences rose to the level
of misconduct. If a claimant has had just a few sporadic occurrences, it’s
not likely that the state will disqualify the claimant for misconduct attendance.
the time of termination, the agency should reach out to the client and obtain the
of absences for at least 3-6 months prior to termination. Please also track
the reasons the claimant called out each time and document whether the absences were
of when the claimant was warned about the attendance. Take note of verbal
warnings and issue written warnings at counseling sessions.
of attendance policy (For point system policies- the state will assess whether
the policy was reasonable and that the claimant was made aware of the policy)
and specifics for the reason for final absence and whether it was reported correctly.
is crucial in contesting attendance issues. Simply stating they were ended for
absenteeism will not result in disqualification as the burden of proof falls on the
employer. The unfortunate reality of staffing agencies is that client
offsite locations at times will not have tracked attendance occurrences.
Try to advise your customers to keep track of the attendance. Also issue disciplinary
warning when your clients advise there are attendance problems. The states want
to see that the claimant was made aware the job was in jeopardy prior to termination.
absences are not considered misconduct if they are considered unpreventable or
with good cause (i.e.: court dates, funeral). As a rule, the states
place more importance and weight on the reason for the final absence and
whether the claimant had good cause for this absence.
This weblog is sponsored by TALX.
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