Unemployment Best Practices: Discharge for Violation of Company Policy
The experienced and expert team from TALX speaks
out to help employers manage their unemployment costs. Here’s what Roberta
one of our dedicated Unemployment Insurance Consultants has to say:
of the things we see every day in the unemployment world is: Discharged
for violation of company policy. Along with this we receive some
warnings/write ups and maybe the pages of the policy. I have noticed
that employers have a lot of detail in the final written warning, but very little
detail regarding the incident that caused termination. The final incident is not
fully documented. A termination form is filled out with violation of company
policy and maybe a couple of sentences, but that is about all. The
incident/situation that caused termination is the information that the state considers
when making their decision to allow or deny benefits.
if I could recommend one thing to help you be more successful in providing an adequate
response for your unemployment claims, that would be to write up an incident report on
the reason for discharge. On this report you will want to include the
date you terminated the employee . Provide the date the
incident occurred. If an investigation was done, the start and end date
of the investigation. Then write up exactly what happened, be very detailed
in what the claimant’s actions were, what you believe were the causing factors
for his/her actions and document the names of the possible witnesses for an unemployment
hearing. Who discovered the situation? Who witnessed the actions?
Who did the investigation? Who actually advised the claimant of the discharge?
Writing this document at the time of the discharge gives any HR/Manager the details
that will be needed if that former employee files for unemployment benefits.
This is especially important in the retail world where your HR/management staff
experiences more turn over. There can be a large gap in time between the
discharge and an unemployment hearing. If you have a document with
the names of the potential witnesses, the specific details of what happened, the new
manager can gather the necessary individuals, if they are still with the company,
faster and the document with the details will refresh the memory of the witnesses.
I cannot stress strongly enough how important writing this out when it happens is
so you can provide an adequate response to the state. This
will help the state by giving them all the information they need to decide the case.
This weblog is sponsored by TALX.
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