Policies and Unemployment to reduce costs HR Consultant Michele - - PowerPoint PPT Presentation

policies and unemployment to reduce costs
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Policies and Unemployment to reduce costs HR Consultant Michele - - PowerPoint PPT Presentation

Policies and Unemployment to reduce costs HR Consultant Michele Arseneau, PHR, SHRM-CP Disclaimer This training is designed to provide general information about the subject matter covered. Neither TAC nor the trainers are engaged in


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Policies and Unemployment to reduce costs

HR Consultant Michele Arseneau, PHR, SHRM-CP

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This training is designed to provide general information about the subject matter covered. Neither TAC nor the trainers are engaged in rendering legal advice. If you need legal advice, TAC recommends that you seek the services of a competent attorney who is familiar with your specific situation.

Disclaimer

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Ob Objectives es

  • Policies and procedures to

consider

  • Legislation changes
  • How unemployment works
  • Document to win
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Policies to consider

  • Policy to fight all unemployment claims when

termination is for cause

  • Policy to fight all unemployment claims post

resignation

  • An established process to follow a claim from

beginning to end with a consistent contact person who has experience

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Policies to consider

  • Employee acknowledgments no older than 5 years
  • Policy manual that is up to date and does not

contain policies that are not enforced

  • Policy manual that does not contain policies that

are difficult to understand and easy to interpret

  • A place for elected officials and supervisors to go to

get help if needed in the termination process

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Recen cent C Changes es i in S State e Un Unem employment L t Laws

HB 983 – effective 09-01-13

  • Report wages for election officials or

workers who are paid $1,000 or more per year

HB 01537F – effective 10-01-13

  • Requires timely response to a claim
  • Requires adequate response to a claim
  • Failure to respond in timely and adequate

manner leaves employer liable for benefits, even when overturned on appeal

HB 3373 – effective 09-06-15

  • Base-period employer may contest

benefits if claimant was discharged for misconduct or voluntarily quit without good cause connected with work

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Worker loses job Files Claim Registers for work State requests employment data

Unemployment

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Eligibility

Has employee worked in covered employment for sufficient time and wages? Is physically able to work, available to work, and looking for work? Become unemployed through no fault of their own?

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Unemployment Claims Process

Separation Claim Protest Determination Appeal Hearing Decision Appeal Board of Review *could take up to three years to conclude when multiple appeals are involved

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Base Period and Benefit Year

  • State looks at the first 4 of the last 5 quarters of wages –

this is the base period

  • A new employee will not have wages in the base period

for up to six weeks

  • The sooner you know an employee is not right for you

the less you will pay!

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Texas

  • Weekly Pay: Minimum $68/week Maximum

$507/week

  • Normally only liable for 26 weeks = $13,182
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Disqualifications

The most effective way to reduce claims is to get disqualifications:

  • Reduces benefits
  • Can result in account not being charged
  • Can result in credits after hearing determination
  • Forces claimant into the labor market
  • Can be helpful when defending other employee initiated causes
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Disqualifications

Grounds for disqualification

Quit without cause Discharge for misconduct connected with the work Refusal of suitable work

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Disqualifications

To get a disqualification:

  • Employees must be aware of employer’s policies and

procedures

  • Policies must be consistently applied and uniformly

enforced

  • Employees must be given a fair chance to meet these

requirements

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The only method of proof is:

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Documentation

Documentation is important because:

  • State requires facts, not conclusions
  • Claim may be filed a year after separation
  • Employer must be able to prove misconduct
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Avoid words like “Attitude” and “Behavior”. Use Verbs Focus on what you want the employee to do. Focus on what the employee does

Tips on Documentation

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Tips on Documenting

  • State specifics like “argues with other co-

workers”, “makes inappropriate jokes”...

  • Avoid subjective phrases that are subject to

interpretation and vague----these are indefensible: Don’t use: “maintain a positive attitude” Don’t use: “be a team player”, “need interpersonal skills”…

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Disciplinary Forms

Date of infraction Details of infraction Instructions for improvement Notice of next step Must state “job is in jeopardy” Employee must sign

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Disciplinary Forms

  • All counseling sessions and warnings must be in

writing

  • Do not procrastinate
  • File must be available to provide to the state to

successfully fight claim

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Disciplinary Forms

  • If an investigation was conducted, note who

conducted it

  • Take immediate action – do not allow employee to

continue to work

  • An unsigned discipline document still has value
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Disciplinary Forms

  • As documents are created, keep in mind in

most cases the burden of proof is on employer

  • The scope of your documentation may extend

beyond unemployment

  • Documents might help defend other lawsuits
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Misconduct vs. Inability

  • Poor work performance your fault not employees
  • Must prove employee was capable at some point

during employment

  • Did he/she knowingly do anything to cause

termination?

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  • Always get in writing
  • Claims can be filed for up to a year
  • Letter of resignation
  • Reason for quitting
  • Copy of exit interview

Quits

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Refusal of Work

  • Employer must prove work was offered
  • Claimant may contend just cause for refusal
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Refusal of Work

Type of position offered Location of employment Rate of pay Starting date Manner offered – letter, phone Reason for refusal

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Separation Issues

  • Absenteeism – uncontrollable not disqualifying
  • Part-time employee
  • Mutual agreement – viewed as discharge
  • Delayed for employer convenience
  • Last infraction not serious
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Hearings

  • Formal proceeding
  • Witnesses sworn in
  • Record made
  • Hearing officer leads questioning
  • Interested parties may cross examine
  • Testimony taken from witnesses with first hand

knowledge

  • Documentation entered as evidence
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Hearings

Make sure you work with your HR department to help you prepare for hearings. They have experience! The TAC Pool can also provide help during the telephone hearing

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This training is designed to provide general information about the subject matter covered. Neither TAC nor the trainers are engaged in rendering legal advice. If you need legal advice, TAC recommends that you seek the services of a competent attorney who is familiar with your specific situation.

Disclaimer

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Northwest

  • Michele Arseneau
  • 512-461-1667
  • michelea@county.org

Northeast

  • Diana Cecil
  • 512-924-6360
  • dianac@county.org

Southeast

  • Lorie Floyd
  • 512-765-2128
  • lorief@county.org

Southwest

  • Rollie Ford
  • 512-680-1994
  • rollief@county.org

HR Generalist

  • Mary Ann Saenz-

Thompson

  • Maryanns@county.org