Even the best employment relationships can end and every former employee has the right to apply for unemployment benefits. If you’ve received an unemployment benefits claim and are not experienced with the process, you will likely have some questions. This blog series, The Unemployment Road Map, is a resource that TriNet offers to provide employers with guidance on this journey.
Determinations: to contest or not to contest
In our last installment of The Unemployment Road Map, we discussed the importance of timely, sufficient and adequate responses to state requests for claim information. Once you, as the employer, have submitted the claim response and all the relevant documentation, it can take up to 30 days for your state to determine the claimant’s eligibility for benefits.
During this time, you may receive a phone call from the state requesting more information or a rebuttal to the claimant’s statements. It is very important to respond with the requested information by the designated deadline, which is normally within 48 hours. Once the state examiner has received the requested information from both the employer and the employee, a determination will be made. If either party is dissatisfied with the decision, they have the right to appeal. If either party chooses to file an appeal, the state must be notified. Upon receipt of the appeal request, the state will schedule an unemployment benefits claim hearing and mail notification of the hearing date and time to the involved parties. The employer and employee are each invited to provide testimony and evidence on their own behalf.
It is important to remember that an employee generally has a legal right to receive unemployment benefits if at least one of the following conditions are met:
An employee generally does not have a right to receive unemployment benefits in the following circumstances:
The appeals process: basics to keep in mind
Both the employer and the former employee have the right to appeal any decision that affects unemployment benefits. Every state has its own process for filing an appeal. Once you have decided to appeal you should do so timely--state time limits typically range from 10 to 30 days from the mailing date of the agency’s decision notice. The notice you receive may explain how to appeal the decision and may even include an appeal form. When an appeal is filed, it is forwarded to the unemployment benefits department’s appeals division. From there, you’ll be scheduled for a hearing before an appeals referee.
If you decide to appeal an unemployment benefits claim, there are several things to keep in mind:
An unemployment benefits claim hearing can quickly turn into a case of he said–she said. However, with the right strategies, processes, documents and knowledgeable professionals, employers can develop a good sense of which cases to appeal and ultimately boost their success ratio in those appeals.
If you are a TriNet client who has received an unemployment claim or if you have questions about how TriNet helps navigate the unemployment claim process, contact your TriNet HR representative or the solution center at 888-874-6388.
This communication is for informational purposes only; it is not legal, tax or accounting advice; and is not an offer to sell, buy or procure insurance.
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