When an individual files an unemployment claim, the first question that must be resolved by the state adjudicator is which party (employee or employer) initiated the separation. This impacts how the claim is viewed by the state and who then acquires the burden of proof.
Understanding the main types of separations and how they impact the burden of proof can help your organization best address different separations, ensuring that you are providing the information and documentation needed to make a strong case.
Burden of Proof
The burden of proof refers to the obligation one party has to provide evidence to support their claims in a legal dispute or argument. In unemployment, it points to the party who initiated the separation and therefore has the responsibility to substantiate the circumstances surrounding the separation.
Discharge vs. Voluntary Separation
If the employee initiated the separation by quitting their employment, the burden of proof is on the employee to establish that they quit with good cause and have pursued all available alternatives to quitting. If the employer initiated the separation by discharging the employee, the burden of proof falls on the employer to prove misconduct.
It is important to remember that the burden of proof lies with the party that initiated the separation, no matter how the separation is viewed for reference purposes or coded internally by your organization. For example, if an employee is given the opportunity to resign by the employer instead of being discharged, the unemployment agency would rule on this case as if the employee had been discharged since the employer initiated the separation.
What to Know
Discharges
The key in a discharge case is to remember that as an employer, proving that you had just cause for discharging the employee is not what needs to be established for unemployment purposes.
For an employee to be disqualified from receiving unemployment benefits, the employee must have been discharged for misconduct under unemployment law. Violations of company policy, insubordination, and negligence are examples of cases that can be found to be misconduct from an unemployment standpoint. Inability to perform the job to required standards or isolated incidents of poor judgment are usually not found to be misconduct. An employee can be discharged for just cause, have no standing to file a wrongful discharge suit, EEOC, or other litigation, and still be eligible for unemployment benefits.
Voluntary Resignations
When a claimant voluntarily resigns, the burden of proof rests with them to establish that they quit with good work-related cause—or certain personal causes like abuse or moving with a military spouse—and pursued all available opportunities prior to quitting. While the burden rests with the claimant, it is important to provide as much information as possible when responding to the unemployment claim.
Lack of Work
The unemployment program was created to assist individuals when they have been separated from employment due to no fault of their own. This includes multiple types of lack of work where work is no longer available to an individual for a variety of reasons. In these cases, individuals will be qualified for benefits if they are otherwise eligible, though basic information is needed to help confirm the individual’s separation reason.
Protesting an Unemployment Claim
In order to protest an unemployment claim, the employer must provide complete and detailed separation information to the state.
Failure to meet these requirements will likely result in an unfavorable determination and potential unwarranted charges to your account. By providing the state with a detailed response, including all supporting documentation, you may also be able to avoid the time and expense of participating in an unemployment hearing.
In order to adequately respond to an unemployment claim, you will need to provide the dates of employment, complete separation details (especially surrounding the final incident), and copies of any supporting documents. Standard documentation needed includes:
- Disciplinary action notices (verbal and written)
- A copy of any applicable policy and a signed acknowledgment of receipt of that policy
- Attendance records (to include time cards, and documentation the claimant provided for an absence)
- Performance reviews, dates of training sessions along with topics discussed
- Letter of Resignation
About Us
For more than 40 years, 501(c) Services has been a leader in offering solutions for unemployment costs, claims management, and HR support to nonprofit organizations. Two of our most popular programs are the 501(c) Agencies Trust and 501(c) HR Services. We understand the importance of compliance and accuracy and are committed to providing our clients with customized plans that fit their needs.
Contact us today to see if your organization could benefit from our services.
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The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources. Some information was provided by our friend, Darby Gibson, Client Marketing & Insights Specialist, at Thomas & Company.
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