Do you remember every detail about something that happened almost 18 months ago?
You have a lot going on and a lot can happen between an incident and a claim being filed. An individual can file for unemployment benefits against your account up to 18 months after separation, thorough documentation is imperative to make sure you have the information you need, when you need it.
Check out these best practices to make sure that when an unemployment claim comes to your inbox, you know exactly what happened leading up to, and to cause, their separation.
Introduction to Documentation
Detailed documentation is the easiest and most important way to help prevent unwarranted charges against your unemployment account. Without the appropriate details and documentation, your organization could face benefit charges on cases that do not warrant them.
For all unemployment claims, you will need to provide the dates of employment and complete separation details (especially surrounding the final incident). These details, however, are just the first piece of the puzzle. To finish the puzzle, you’ll need detailed documentation, specifics of which vary by separation type. Standard documentation includes:
Voluntary Resignations
- Resignation Letter
- Efforts
- What efforts, if any, did the claimant pursue prior to quitting? What was the resolution to the issues raised?
- Written Statement
- From the individual the claimant notified of resignation
Discharges
- Disciplinary action notices (verbal and written)
- Copy of any applicable policy and signed acknowledgment of receipt of that policy
- Attendance records (to include time cards and documentation claimant provided for an absence)
- Performance reviews, dates of training sessions along with topics discussed
Best Practices
Write it Down When it Happens
Write down incidents as soon as possible after they happen. The more time that elapses from the incident to the time it is recorded, the more details are lost. This includes notes about incident details, verbal conversations, and even conversations surrounding written warnings—any information that might be helpful when trying to remember and detail the situation for an unemployment claim.
Be Specific in Your Notes
Details will determine the outcome. When making note of an incident, relevant details should include:
- Date of the incident
- Person who witnessed or was notified of the incident
- An explanation of the incident
- What, if anything, was done after the incident
Communicate Warnings and Corrective Actions
Warnings are the most effective supporting documentation that an employer can offer as evidence. These documents provide proof that a claimant was aware their job was in jeopardy. When writing about incidents, warnings, performance issues, or creating any other documentation that might be used as evidence in a future unemployment claim, it is important to create, and present, these documents with intention.
Documentation Do’s
- Do use phrases such as violated company policy or negligence in the performance of duties.
- Do establish that the employee was aware of the policy and how.
- Do make sure a warning is communicated that further infractions could result in dismissal.
- Do have a witness with you when presenting documentation to the employee. That way, if they refuse to sign it, there is a witness to the information being communicated to the employee.
Documentation Don’ts
- Do NOT use the phrase unsatisfactory performance without details. This is read as a lack of supporting evidence by the state adjudicators.
- Do NOT be inconsistent with disciplinary actions or terminations. Unemployment can be granted if there is the appearance that policies are not uniformly enforced.
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.
Are you already working with us and need assistance with an HR or unemployment issue? Contact us here.
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.
Images by Peshkovagalina and The Yuri Arcurs Collection
