Unemployment Cost Control Q & A Edition 2

How to Manage UI Cost Effectively

Q & A

Edition 2

December 02, 2013

I have missed a claim response or appeal deadline. Does a late claim response means that the employer waives any rights it has in the claim, including the right to protest chargebacks to its tax account?

Failure to respond timely usually means one of two things - either the document was misdirected and the employer didn't receive it timely, or they did receive it timely and missed the deadline to respond. If the former, do respond back to the Agency upon receiving the document and advise that it was misdirected, thus causing the untimeliness. If it was received timely and there is a good business reason for responding untimely, advance that reason along with your separation protest as sometimes, the Agency may consider that there was good cause for the untimeliness. Irrespective, do send a response outlining the separation reason as the State will still consider that data even if they don't respond back with a determination advising of their finding.

Some untimely responses may be accepted if the employer shows good cause for the untimeliness, increasing the possibility of obtaining disqualifications and protecting the tax account. It also opens the path to the appeal process if the employer feels the untimeliness issue isn't valid and wants to pursue the matter.

Should I respond to every claim that I receive?

No claim response is necessary if the separation is due to lack of work unless is required by certain State agencies. However, if there are ancillary issues such as separation payments, availability for work, or refusals of other job offers that may affect claimant's benefits, that information should be sent to the agency even if the separation reason is not protestable. All other separation types (quits, discharges) should be responded to in order for the State agency to make a proper determination regarding eligibility.

Providing more information to the State agency simply provides a better opportunity to protect your reserve account and control your UI tax rate.

What will happen if I fail to prove the case against the claimant?

Unemployment Insurance agencies provide appeal processes specifically to allow both parties the opportunity to pursue their position regarding separation if they didn't prevail at the initial level. If dissatisfied with the Agency's finding, use the appeal process to present both oral and written documentation as to the facts surrounding separation. Most States provide two tiers of appeal beyond the initial claim level to pursue the matter.

Failure to prove your case at any level provided by the State agency means that in all likelihood, your account is going to be charged for benefits paid to your former employee.

By using the appeal process, you have an excellent opportunity to overturn the original determination and protect your account from charges.

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