Controlling Unemployment Compensation Costs
Controlling Unemployment Compensation Costs is crucial in managing the financial impact on businesses. Understanding who is entitled to unemployment benefits is essential, as eligibility criteria vary based on circumstances such as job loss reasons, employment status, and earning history. Legal cases like Salvatore v. Reemployment Assistance Appeals and Responsible Vendors, Inc. v. Reemployment Assistance Appeals provide insights into disqualifications and misconduct standards. It is important for both employers and employees to be aware of these regulations to navigate the unemployment compensation system effectively.
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Presentation Transcript
Controlling Unemployment Compensation Costs National Business Institute March 21, 2018 Human Resource Law from A to Z Behren Law Firm, 2893 Executive Park Drive, Suite 110, Weston, FL 33331
Who is Entitled to Unemployment You must have lost your job through no fault of your own must not have quit for personal reasons or been terminated for malicious misconduct; You must be totally or partially unemployed; You must have earned a minimum amount of wages earned in the base period which is the first four complete quarters beginning 18 months prior to your claim You must be able to work, available to work and actively seeking work- this includes having necessary child care and transportation to come to work
Who is Entitled to Unemployment Steven A. Salvatore v. Reemployment Assistance Appeals, 168 So.3d 351 (Fla. 1stDCA 2015) Fla. Stat. 443.101 provides employee is disqualified from unemployment if voluntarily quit without good cause attributable to the employer good cause defined as that which would drive an average, able-bodied worker to quit his or her job. Once Employer Demonstrate voluntarily left job, Employee has burden to show was for good cause attributable to Employer
Who is Entitled to Unemployment Eva M. Alleyn v. Reemployment Assistance Appeals Commission, 169 So.3d 1289 (Fla. 1stDCA 2015) Employee can show good cause attributable to Employer where Employer made unilateral and substantial changes to an Employees Terms and conditions of employment Officer concluded that change in location of office and change in job duties was good cause entitling Employee to benefits
Who is Entitled to Unemployment Responsible Vendors, Inc. v. Reemployment Assistance Appeals, 172 So.3d 561 (Fla. 3rdDCA 2015) In order to deny benefits employee must be guilty of misconduct connected with work Something more than just inability, inadvertence, good faith errors in judgment or ordinary negligence Misbehavior serious enough to terminate employment may not be enough to sustain forfeiture of unemployment benefits
Who is Entitled to Unemployment Williams v. City of Winter Haven, 210 So.3d 75 (Fla. 2d DCA 2016) Unemployment laws must be liberally construed in favor of claimants and against disqualification A finding of misconduct requires evidence of an intentional or repeated violation of employers rule or policy
Who is Entitled to Unemployment Angel Contreras v. Reemployment Assistance Appeals Commission, 178 So.3d 953 (Fla. 4thDCA 2015) Must demonstrate something more than negligence to deny benefits Burden on Employer to prove that Employee acted intentionally or with a degree of carelessneess or negligence that manifests a wrongful intent.
Who is Entitled to Unemployment Ramirez v. Reemployment Assistance Appeals Commission, 135 So.3d 408 (Fla. 1stDCA 2014) When there is evidence of genuine family emergency an employee can t be denied benefits for leaving work or quitting Employee s father s stroke and death qualified an family emergency which gave employee good cause to leave and was therefore eligible for benefits.
Who is Entitled to Unemployment Benefits McGillis v. Department of Economic Opportunity, 210 So.3d 220 (Fla. 3rdDCA 2017) Employees and not independent contractors are entitled to benefits Held Uber drivers were independent contractors not entitled to unemployment benefits Contract signed that says not entitled to unemployment benefits Uber drivers control when, where, who whom and how they will perform their job duties
Key Information to Present Regarding the Initial Claim Employer must respond to a Notice of Reemployment Assistance Claim (UCB-412) within 20 days of the mailing date on the Notice. If Employer fails to respond within 20 days, Employer will not be eligible for relief from benefit charges to their account. Per Rule 73B-11.0151 Florida Admin Code, effective 10/25/15, all Employers must submit all documents and forms online and the CONNECT system However if attachments are being submitted to the UCB-412, then Employer Must Respond by Mail or Fax.
When Is it Important to Fight an Unemployment Compensation Claim In many cases you might not want to fight your former employees unemployment compensation Sometimes if they go to attorney about denial, other issues may arise that will prompt Employee to bring other claims that are going to be bigger issues than Unemployment benefits Make sure you have all basis covered for termination and make sure paid all wages and OT to Employee before you start contesting their Unemployment
What You Need to Know About the Hearing Process If benefits are granted to Employee, Employer may Appeal Benefit Determination within 20 days If Employee is Denied Benefits, Employee May Appeal Benefits Determination within 20 days Unemployment will then set Telephonic Hearing Make sure all witnesses and/or counsel are available for hearing (typically unilaterally set by unemployment)-if not file Motion for Continuance with Unemployment to Reset scheduled hearing Make sure you provide all documents to be considered by Hearing Officer at least 24 hours prior to hearing and also copies to other side Fla Admin Code 73B-20.014
What You Need to Know About the Hearing Process Can be represented by counsel or an authorized representative at the hearing Florida Admin Code 73B-20.008 May file Motions to Join Other Parties if necessary to determine proceeding Florida Admin Code 73B-20.011 Parties may seek discovery from other side as provided by Rules of Civil Procedure Florida Admin Code 73B-20.018 Parties may seek hearing officer to issue Subpoenas for person or records at hearing Florida Admin Code 73B-20.019
What You Need to Know About the Hearing Process Hearing Officer will take testimony of all parties under oath Hearing Officer will typically first question witnesses and then each party will get to examine the witnesses The hearing need not be conducted based upon formal rules of evidence but parties may make objections to evidence Hearsay evidence may be considered for some purposes Florida Admin Rules 73B-20.024 Pay Attention to the Notice of Hearing to see Exactly what issues are going to be addressed by Hearing Officer (misconduct or failure to demonstrate work search, etc)
Traditional Ways to Manage Unemployment Compensation Costs Report all new and rehired employees to the Florida New Hire Reporting Center by due date as required by Federal law. Timely reporting helps prevent improper payment of benefits after an individual has returned to work; Respond promptly to any Request for Verification of Weekly Earnings. Verifying earnings ensures that the correct amount of reemployment assistance is paid for weeks of partial unemployment; Provide complete and accurate employee separation information. The employer s timely response to the Determination Notice of Reemployment Assistance Claim (form UCB-412) is used to determine the employee s eligibility for reemployment assistance.
