You just received notice that the employee you recently terminated has now filed for unemployment. Can you contest the granting of those benefits? In many cases, the answer to that question is yes you can, IF that employee was terminated for unbecoming and willful misconduct.
As an Employer, you should be prepared to contest unemployment benefits right from the start!
Even if you do not have an experienced HR individual on staff to address this issue, NotzHR can provide the representation you need.
NotzHR offers the following services:
- Prior to terminating the employee, NotzHR can assess the situation and determine your unemployment liability before you take action! We are highly experienced in all areas of labor relations.
- Complete the necessary initial paperwork to contest unemployment benefits and attend the required unemployment hearing.
- Filed on your own and unsure how to continue from there? NotzHR can still represent you on an appeal to the Dept. of Labor.
Typically, an employee WILL receive unemployment benefits under the following circumstances:
- You just didn’t like that employee on a personal or professional level
- Poor or lacking work performance or an inability to perform the job
- Terminated due to lack of work or a reduction in workforce
- To care for a sick relative
- Lack of public transportation
- To protect the individual, a child or parent from domestic violence
- Relocation of individual or spouse for military purposes or spousal relocation.
In many instances however, an employee is terminated for other reasons which are typically a result of an employee’s violation of company policies and procedures. When this occurs, you may be able to demonstrate that the employee’s actions were a willful violation and contest that employee from receiving such benefits. Examples of what might be considered willful violations include:
- Repeated violations of company policies or procedures
- Theft of time
- Threatening other employees
- Sexual Harassment/harassment
- Prohibited use of company property
- Criminal/felonious conduct
- Drug/alcohol use
- Etc. (the list is endless)
Keep in mind that in order to demonstrate a uniformly enforced policy, you will be required to produce a copy of your Employee Handbook demonstrating that the employee acknowledged receipt of that handbook and was aware of the policy! Don’t have an employee handbook? NotzHR offers this service as well.
If you find that you are in need of Human Resources assistance and/or representation at the Connecticut Department of Labor regarding an unemployment matter, contact NotzHR to explore our services!