NCCUPA-HR
Spring Development Workshop
The Do’s and Don’ts of
Unemployment Benefit Claims
April 10, 2015
Paul Holscher
Phone: 919-841-3556
Email: [email protected]
Henry Ross (“HR”), the HR Director for ABC
University, is busy at her desk trying to complete a
stack of yearly performance evaluations.
HR decides to take a break and check her evergrowing collection of e-mails that is piling up. One
of HR’s emails is from Sam, a Supervisor at ABC.
Sam’s job title is Director of Admissions. He was
recently promoted to the position. Johnny Dollar, the
Associate Director of Admissions, was the only other
candidate that applied for the position.
Despite the fact that Sam was the most qualified
candidate, Johnny has made it known that he is not
happy about ABC’s decision to promote Sam instead
of him.
In fact, HR had recently told Sam to issue Johnny a
Final Written Warning for insubordination. Johnny’s
insubordination included failing to respond to Sam’s
attempts to communicate and making inappropriate
comments, among other things.
HR looked back at Sam’s email and noticed that it
was titled “Johnny Dollar Situation - URGENT!”
HR begin to read…
Supervisor Sam’s
Email to HR
Hi HR:
I just got out of a meeting with Johnny. I had set up
the meeting to talk about my expectations as his
new supervisor.
While I was talking Johnny interrupted me and
yelled “I am not going to work for you.”
I replied: “Johnny, Johnny Dollar- there ain’t no
need to holler!”
Supervisor Sam’s
Email to HR
I told Johnny that I was his boss and if he wasn’t
going to work with me then I would be forced to talk
to HR about it.
Johnny then said: “That is fine I was going to quit
anyway… By the way Sam, have you ever heard
that song- ‘TAKE THIS JOB AND SHOVE IT, I
DON’T WORK HERE ANYMORE’?!”
Supervisor Sam’s
Email to HR
I then told Johnny that I hate country music
and that I was very, very sad to hear that he
wanted to quit…
This situation has gone on long enough and
Johnny needs to be terminated. His recent
behavior is unacceptable and should not be
tolerated. I’m going to come by your office in
a few minutes to talk about “next steps.”
Sam
HR’s Conference with
Supervisor Sam
HR had just finished reading Sam’s email when
Sam walked into her office.
HR: “Johnny’s behavior is ridiculous, especially
given the fact that you recently issued him a Final
Written Warning.”
HR’s Conference with
Supervisor Sam
Sam: “HR, I recall you telling me to issue Johnny a
Final Written Warning. I met with him last week
and talked about it, but didn’t give him any
document... Regardless, Johnny’s behavior hasn’t
changed.
HR: “Well, sounds like even if you had documented
the Final Written Warning it would not have done
any good. I agree, we need to terminate Johnny.
Can you set up a meeting later this afternoon?”
Sam: “Sure thing, HR- I’d be HAPPY to...”
HR’s Termination Meeting with
Johnny Dollar
Later that day HR and Sam met with Johnny Dollar
in ABC’s conference room.
HR: “Johnny, I’m going to get straight to the point.
Your recent workplace behavior towards Sam
including, but not limited to, your behavior this
morning is unacceptable. As a result, ABC is going
to…”
HR’s Termination Meeting with
Johnny Dollar
Johnny interrupted HR -- he was clearly upset...
Johnny: “This is no way for ABC to treat an
employee and proves that Sam should not have
been promoted over me…
Regardless, I told Sam earlier today that I was
quitting. I have a letter of resignation that I’ve
prepared… And by the way I’ve already talked to an
attorney, who you’ll be hearing from…”
Johnny then walked out of the conference room….
Request for Separation
Information
Several days later HR receives a NCUI 500AB: Request
for Separation Information from Employer from the
Division of Employment Security (“DES”) indicating that
Johnny had applied for unemployment benefits.
1.
How long does ABC have to respond to the
NCUI
500AB:
Request
for
Separation
Information from Employer?
Request for Separation
Information
1.
How long does ABC have to respond to the
NCUI
500AB:
Request
for
Separation
Information from Employer ?
DES sends a NCUI 500AB to employers when an
employee files for unemployment insurance benefits.
NC employers are required to provide a “timely”
response to the NCUI 500AB. A response is “timely”
if it is filed with DES within 14 days after the date
DES issues the request.*
*See, “Guidelines for Preparing An Adequate and Timely Response to the
NCUI 500AB: Request for Separation Information from Employer,”
available at: http://www.ncesc1.com/HB4/EMPLOYER_memo9.11.13_M
.pdf.
Request for Separation
Information
NCUI 500AB
Late responses to the NCUI 500AB will
not be considered in the Initial
Adjudication phase, but will have appeal
rights. In addition, no amendments will be
allowed to the NCUI 500AB after the
expiration of the 14-day period.
Request for Separation
Information
In addition to being “timely” NC employers are
required to provide an “adequate” response to the
NCUI 500AB: Request for Separation Information
from Employer.
2.
What is an “adequate” response to the
NCUI 500AB?
Request for Separation
Information
2.
What is an “adequate”
NCUI 500AB?
response to the
DES has indicated that an “adequate” response
must include sufficient facts to enable DES to
make a correct determination for unemployment
benefits under the law without having to contact
the employer to obtain any additional information.*
*See, “Guidelines for Preparing An Adequate and Timely Response to the
NCUI 500AB: Request for Separation Information from Employer,”
available at: http://www.ncesc1.com/HB4/EMPLOYER_memo9.11.13_M
.pdf.
Request for Separation
Information
2.
What is an “adequate”
NCUI 500AB?
response to the
Quit: (1) a copy of any resignation letter and (2)
the specific reason(s) for the resignation.
Termination: (1) reason(s) for the separation, (2)
copies of policies, handbooks, etc., signed by the
employee pertaining to the termination, (3) copies
of any warnings/ termination documents, and (4)
detailed information about the circumstances
leading up to the termination.
Request for Separation
Information
3.
What else does an employer have to include in
the NCUI 500AB submission?
The employer must also include:
1.
2.
3.
4.
The claimant’s pay rate;
The gross amount of vacation, severance
and/or sick pay;
The claimant’s customary work days and
work hours; and
The beginning and ending dates covered by
any separation payments.
Request for Separation
Information
Assume that ABC doesn’t respond to the NCUI 500AB:
Request for Separation Information from Employer. Also,
assume that ABC has a pattern of failing to respond to
the NCUI 500ABs that it receives.
4.
What does DES define as a “pattern” of failing
to respond and what are the consequences for
ABC’s failures to respond to the NCUI 500ABs?
Request for Separation
Information
4.
What does DES define as a “pattern” of failing to
respond and what are the consequences for ABC’s
failures to respond to the NCUI 500ABs?
A “pattern” occurs if the employer fails to adequately/ timely
respond to 2 or more NCUI 500ABs or equal to or greater
than 2% of the total requests sent to the employer
during the prior year, WHICHEVER IS LESS.
Failing to respond to the NCUI 500ABs can lead to the
employer being penalized by not being able to have its
account relieved of charges for benefits that are
erroneously paid.
See, N.C. Gen. Stat. §96-11.4.
Deadline to Appeal
Initial Adjudication
Assume that HR timely files the NCUI 500AB with DES.
A few weeks later HR is shocked when she receives
an Initial Adjudication stating that Johnny has been
declared eligible for unemployment benefits.
5.
What is the deadline for HR to appeal the
Initial Adjudicator’s finding that Johnny is
eligible for unemployment benefits?
Deadline to Appeal
Initial Adjudication
5.
Deadline for HR to appeal? 30 days
N.C. Gen. Stat. Sec. 96-15(b)(2): “The conclusion of the
adjudicator shall be deemed the final decision of the
Division unless within 30 days after the… mailing of the
conclusion… a written appeal is filed...”
Determination By Adjudicator: states- “Appeal Rights
Expire: [DATE]”
Deadline to Appeal
Initial Adjudication
5.
Deadline for HR to appeal? 30 days
Timeliness
DES must receive the appeal by the 30-day deadline.
The “mailbox rule” no longer applies. There are only 2
exceptions for “late” appeals:
(1) Excusable neglect
(2) Circumstances beyond the
employer’s control
Larry Litigator
A few days after HR receives the Initial Adjudication
indicating that Johnny is eligible for unemployment
benefits his phone rings...
On the phone is Larry Litigator who states that he is
representing Johnny Dollar…
Larry Litigator
Larry informs HR that Supervisor Sam was untruthful
in his application for the Admissions Director position,
that Johnny Dollar was more qualified, and that
Johnny should have been promoted.
However, Larry Litigator says to Johnny that he won’t
file a lawsuit against ABC and that Johnny will “let
bygones be bygones” if ABC agrees not to appeal the
Initial Adjudication awarding Johnny unemployment
benefits.
Larry Litigator
6. Thoughts regarding Larry Litigator’s proposal?
Deadline to Appeal
Initial Adjudication
6. Thoughts regarding Larry Litigator’s proposal?
Legal: ABC can enter into a Settlement Agreement
whereby it agrees to withdrawal its appeal of the
award of Johnny’s unemployment benefits in
exchange for a general release.
Not Legal: ABC cannot require Johnny to waive his
rights to file for unemployment as part of any
Settlement Agreement.
In-Person Hearing
Assume that HR decides to appeal the Initial
Adjudication. HR files ABC’s appeal and
receives a Notice of Hearing By Telephone…
7.
Can HR request an in-person hearing?
In-Person Hearing
7.
Can HR request an in-person hearing? YES.
N.C. Gen. Stat. Section 96-15(c): statutory right for an
employer to request an in-person hearing“The hearings may be conducted by conference
telephone call or other similar means provided that if any
party files with the Division prior written objection to
the telephone procedure, that party will be afforded
an opportunity for an in-person hearing…”.
In-Person Hearing
8.
Why should ABC request an in-person
hearing?
In-Person Hearing
8. Why should ABC request an in-person
hearing?
•
•
•
An unemployment benefits hearing is generally
easier to conduct in-person, as opposed to over
the phone.
Credibility is better judged in-person.
Exhibits do not have to be disclosed in advance
when an in-person hearing is held (cuts both
ways).
Length of Appeals
Hearing
9.
Can HR obtain more than an hour for the
hearing for the in-person hearing for the
appeal
of
Johnny’s
claim
for
unemployment benefits?
Length of Appeals
Hearing
9.
•
Can HR obtain more than an hour for the
hearing for the appeal of Johnny’s
unemployment benefit claim? YES.
Generally speaking, DES Appeals Referees assign
one (1) hour for each hearing. BUT, if advance
notice is given, additional time can be allotted for the
hearing.
ABC’s Appeals Hearing
HR files an appeal of the Initial Adjudication awarding
Johnny unemployment benefits and also requests that
an in-person take place.
10.
Where will the in-person hearing take place?
ABC’s Appeals Hearing
10.
Where will the in-person hearing take place?
The in-person hearing will most likely take place at
the DES office that is closest to the residence of
the non-appealing party (i.e. Johnny).
ABC’s Appeals Hearing
Assume HR timely appeals the Initial Adjudication and
requests an in-person hearing.
Tom is a former
employee of ABC that witnessed some of Johnny’s
inappropriate behavior. As a result, HR thinks that Tom
will be a very favorable witness for ABC.
HR has contacted Tom about attending the
unemployment benefits hearing, but Tom’s response was
“I have better things to do with my time…”
11.
Any thoughts on how
testimony from Tom?
HR
could
obtain
ABC’s Appeals Hearing
11.
Any thoughts on how
testimony from Tom?
HR
could
obtain
ABC can contact the Appeals Referee that is
assigned to the appeal and request that a
subpoena be issued for Tom to appear at the
hearing.
ABC’s Appeals Hearing
Assume HR timely appeals the Initial Adjudication and
requests an in-person hearing. However, HR does not
have a copy of Johnny’s resignation letter.
12.
Any thoughts on how HR could obtain a copy
of Johnny’s resignation letter for the hearing?
ABC’s Appeals Hearing
12.
Any thoughts on how HR could obtain a copy
of Johnny’s resignation letter for the hearing?
ABC can contact the Appeals Referee assigned to
the case and request that a subpoena be issued
to obtain any documents that Johnny has related
to his separation of employment.
Note: Conduct subsequent to separation generally
is not admissible.
ABC’s Appeals Hearing
13.
At the appeals hearing should ABC argue
that Johnny quit or that he was terminated?
Quit v. Termination:
Burden of Proof
Quit – Claimant’s Burden of Proof
A claimant that “quits” is presumed ineligible for
unemployment benefits and the claimant has the burden to
prove that he/she “left work with good cause attributable
to the employer.” See, N.C. Gen. Stat. § 96-14(1).
Termination – Employer’s Burden of Proof
If a claimant is terminated, he/she is presumed eligible for
unemployment benefits and the employer has the burden to
prove that the claimant’s term. was due to “misconduct
connected with the work.” See, N.C. Gen. Stat. 96-14(6).
*Appeals Referee’s 1st Question: “Is this a term. or a quit?”
“Good Cause Attributable to
the Employer”
14.
What does “left work with good cause
attributable to the employer” mean?
“Good Cause Attributable to
the Employer”
14.
What does “left work with good cause
attributable to the employer” mean?
“Good cause” has been interpreted to mean a
reason which would be deemed by reasonable men
and women valid and not indicative of an
unwillingness to work. Sellers v. National Spinning
Co. Inc., 64 N.C. App. 567, 307 S.E.2d 774 (1983),
disc rev. denied, 310 N.C. 153, 311 S.E.2d 293
(1984).
Quit – Burden of Proof
14.
What does “left work with good cause attributable to the
employer” mean?
1.
2.
3.
4.
Presumed “good cause” for quitting*
Reduction of hours: by more than 50% as part of
a unilateral and permanent reduction in hours;
Reduction in rate of pay: more than 15%,
employer can rebut by showing reduction is
temporary or due to employee’s malfeasance;
Domestic violence: continued employment would
jeopardize safety; &
Relocation of military spouse
*See, N.C. Gen. Stat. §§ 96-14.5(a)-(b); 96-14.8
Termination - Misconduct
Assume that Johnny’s separation is considered a
termination.
At the beginning of the hearing the Appeals
Referee states: “HR, you are representing the
employer- please call your first witness…”
15.
What must HR do to win its appeal and have
Johnny
declared
ineligible
for
unemployment benefits?”
Termination - Misconduct
15.
1.
2.
HR must show “competent evidence” that Johnny
was termed for “misconduct.” See, N.C. Gen. Stat. 96-14(6)
Misconduct
Conduct evincing a willful or wanton disregard of the
employer’s interest as is found in deliberate violation or
disregard of standards of behavior that the employer
[1] has the right to expect of an employee or
[2] has explained orally or in writing to an employee
Conduct evincing carelessness or negligence of such
degree or recurrence as to manifest an intentional
and substantial disregard of the employer's interests
or of the employee's duties and obligations to the
employer.
Termination - Misconduct
(1)
(2)
(3)
(4)
(5)
(6)
Prima Facie Evidence of Misconduct
N.C. Gen. Stat. § 96-14.6(c)
Violation of written alcohol/ illegal drug policy
Reporting to work significantly impaired by alcohol or
illegal drugs
Consumption of alcohol or illegal drugs on employer’s
premises
Conviction for manufacturing/ selling/ distributing a
controlled substance if offense is related/ connected to
work or is in violation of a reasonable work rule/ policy
Termination after arrest or conviction for an offense
involving violence, sex crimes, or illegal drugs if related/
connected to work or is in violation of a reasonable work
rule/ policy
Any physical violence related to employee’s work
Termination - Misconduct
(7)
(8)
(9)
(10)
(11)
Prima Facie Evidence of Misconduct
N.C. Gen. Stat. § 96-14.6(c)
Inappropriate comments or behavior relating to any
federally-protected characteristic which creates a hostile
work environment
Theft in connection with employment
Forging or falsifying any document or data related to
employment, including a previously submitted
application for employment
Violation of an employer’s written absenteeism policy
Refusal to perform reasonably assigned work tasks or
failure to adequately perform employment duties as
evidenced by no fewer than 3 written reprimands in
the 12 months immediately preceding the
employee’s termination
Hearing Testimony
& Exhibits
Assume that HR calls herself as ABC’s first witness
at the in-person hearing… HR hands the Appeals
Referee and Johnny a copy of Employer’s Exhibit
No. 1, which is ABC’s Workplace Conduct Policy.
HR: “Mr. Appeals Referee I am handing you and
Johnny a copy of ABC’s Workplace Conduct Policy.
As you can clearly see, ABC’s Workplace Conduct
Policy specifically prohibits insubordination.”
Hearing Testimony
& Exhibits
HR then hands out a copy of the Acknowledgement
Sheet that Johnny signed showing that he had
received and reviewed ABC’s Employee Handbook…
HR continues: “More importantly, Johnny knew of
the Workplace Conduct Policy as evidenced by this
executed acknowledgement sheet. As part of ABC’s
onboarding process Johnny signed and gave the
acknowledgement to Sam – Johnny’s Supervisor –
on March 15, 2015...”
16.
Thoughts regarding HR’s testimony?
Hearing Testimony
& Exhibits
16.
Thoughts regarding HR’s testimony?
• HR has not put forth “competent evidence” that Johnny
received a copy of ABC’s Workplace Conduct Policy.
•
HR has no first-hand “personal knowledge” regarding
Johnny’s execution of the Acknowledgement Sheet.
•
HR should have brought Sam to the appeals hearing to
testify regarding the Acknowledgement Sheet because
Sam witnessed Johnny execute it.
•
The Acknowledgement sheet needs to be “authenticated.”
•
Once authenticated, HR should request
Acknowledgement be “moved into evidence.”
that
the
Authenticating
Exhibits
Questions For Witness With Personal Knowledge
• I am handing you a document that is marked as Employer’s
Exhibit No. 1. Please take a minute to review the document...
• Are you familiar with Employer’s Exhibit No. 1?
• What is it?
• Is Employer’s Exhibit No. 1 dated?
• What is the date?
• Is Employer’s Exhibit No. 1 signed?
• Who signed it?
• When did they sign it?
*Conclude Authentication of the Exhibit and Move It Into
Evidence: “Mr. Appeals Referee, I now request that Employer’s
Exhibit No. 1 be moved into evidence for its evidentiary value.”
Hearing - Exhibits
17.
Assume that HR decides to bring
Supervisor Sam to the in-person hearing
and calls Sam as her first witness. What
exhibits should HR introduce through Sam?
Hearing - Exhibits
17.
1.
2.
3.
4.
What exhibits should HR introduce through
Sam?
Exhibits
ABC’s Employee Handbook / Workplace
Conduct Policy
Johnny’s Executed Acknowledgment of his
receipt of ABC’s Employee Handbook
Johnny’s Written Warnings (if any)
Documents related to Johnny’s termination (if
any)
Hearing Strategy
Johnny Dollar is finally finished testifying and, as a
result, the hearing before the Appeals Referee has
almost ended. The Appeals Referee turns to HR...
Appeals Referee: “Does the employer wish to make
any statements as part of its closing?”
18. What strategy should HR use as part of her
closing?
“Totality of the
Circumstances” Test
18. What strategy should HR use as part of her
closing?
“Totality of the Circumstances” Test –
DES Precedent Decision No. 4
“The Commission has consistently held that if it is
alleged that a claimant was discharged from his job for
a series of incidents, the ‘totality of the circumstances’
test as opposed to the ‘last incident’ test will be utilized
in determining whether he was discharged for
misconduct connected with work…”
“Totality of the
Circumstances” Test
“Totality of the Circumstances” Test –
DES Precedent Decision No. 4
“‘The totality of the circumstances’ test does not
require that the last incident occurring prior to the
discharge be sufficient, in and of itself, to bring about
the discharge. Instead, the Commission will look at all
the incidents as a whole in determining whether the
claimant was guilty of misconduct. The employer,
however, still must show that the last incident
precipitating the decision to discharge the claimant
contained some element of misconduct…”
“Last Incident” Test
“Last Incident” Test –
DES Precedent Decision No. 4
“Conversely, the ‘last incident’ test requires a showing
that the final act or failure to act on the part of the
claimant prior to the discharge was sufficient, in and of
itself, to cause claimant’s discharge. This test is
normally used when it is alleged that the claimant was
discharged for only one reason.”
19. Unemployment Hearings:
Best Practices
1.
2.
3.
In-person hearing
Prepare! Prepare! Prepare!
- Review claimant’s personnel file
- Review applicable policies
- Review communications related to separation
- Review Employment Security Law (Chapter 96 of
the N.C. General Statutes)
- Review DES Precedent Decisions
- Prepare witnesses for direct & cross examination
Be organized: exhibits (with 3 copies)
19. Unemployment Hearings:
Best Practices
4.
Persuasive Evidence & Arguments:
a. Prepare an Effective Cross-Examination of
Claimant
- who? what? when? why? how?
- challenge hearsay evidence as “not competent
evidence”
- challenge testimony via ER’s witnesses’ testimony
b. Effective Examination of Other Witnesses
- testimony is under oath
- prepare in advance
- should testify to “firsthand” knowledge
- include decision-makers/ witnesses to conduct
19. Unemployment Hearings:
Best Practices
4. Persuasive Evidence/ Arguments Cont’d:
c. Documents
- at least 3 copies of each
- authenticate
- move into evidence
d. Temperament
- be cool, calm and collected
e. Closing
- keep it concise
- summarize employer’s “competent evidence”
(emphasize non-hearsay evidence)
- summarize what the Findings of Fact should be
- summarize what Conclusion of Law should be.
19. Unemployment Hearings:
Best Practices
5 Final Considerations For Unemployment Hearings
1. Hearing is likely the ONLY chance to offer evidence
2. Confidentiality of hearings/ evidence
3. “Big picture”
- business “costs of defending”
- potential implications on Administrative Claim (EEOC
Charge, NCDOL Charge) or lawsuit
4. N.C. Gen. Stat. § 96-15.1: Protection of witnesses from
discharge, demotion or intimidation- “No person may
discharge, demote, or threaten any person because that
person has testified or has been summoned to testify in
any proceeding under the Employment Security Act.”
5. Drug Test Cases: competent evidence via expert
Potential Appeal of Appeals
Referee’s Decision?
Assume ABC loses its appeal and Johnny is
declared eligible by the Appeals Referee for
unemployment benefits.
20.
Can ABC appeal the Appeals Referee’s
decision?
Appeal of Appeals
Referee’s Decision
20.
Can ABC appeal the Appeals Referee’s
decision?
Yes- ABC can appeal the decision via a letter
to DES. No special form is necessary to file a
written appeal. The employer should state
its desire to appeal and its specific
disagreement with the decision.
Appeal of Appeals
Referee’s Decision
21.
If ABC decides to appeal the Appeals
Referee’s decision, what should it
immediately do in addition to filing the
appeal?
Appeal of Appeals
Referee’s Decision
21.
If ABC decides to appeal the Appeals Referee’s
decision, what should it immediately do in
addition to filing the appeal?
ABC should request a copy of the hearing
transcript and request that its appeal deadline be
extended until after it receives the transcript.
NOTE: Generally, ABC’s appeal will be limited to:
(1) its appeal document
and
(2) the “record on appeal” (transcript of hearing &
documents presented at the hearing)
Higher Authority Review
Higher Authority Review (“HAR”) will consist of a review by
DES of the “record on appeal.” ABC can request to appear
in-person to make oral argument. Oral arguments are not an
opportunity to present testimony or other evidence. Instead,
they are an opportunity for the parties to summarize their
legal arguments. Each party usually gets 15 minutes to
make arguments. The HAR will issue a Higher Authority
Decision (“HAD”)
HAD – Potential Results
1.
Hold, modify or set aside the decision;
2.
Order that another evidentiary hearing take place;
3.
Deny a request for another evidentiary hearing; and/or
4.
Deny/ dismiss the appeal (untimely, etc.).
Additional Appeal?
22.
Assume that ABC appeals and is not happy
with the HAD. Can it appeal again?
Additional Appeal?
22.
1.
2.
Assume that ABC appeals and is not happy with HAD.
Can it appeal again? Yes.
HAD Appeal Options
Request for Reconsideration: made to DES’
Legal Services Section, must be received on or
before the 10th day after the HAD is mailed.
Petition for Judicial Review: this is a request for
review by Superior Court, must be filed with the
Office of the Clerk of Superior Court in the county
where the employer’s place of business is, must be
filed within 30 days from the mailing date on the
HAD
Maximum Weekly
Benefit Amount
Assume that Johnny is declared eligible for
unemployment benefits.
23.
What is Johnny’s
benefit amount?
maximum
weekly
Maximum Weekly
Benefit Amount
23.
•
Johnny’s
amount?
maximum
weekly
benefit
Weekly Benefit Amount: 66.67% of weekly wage,
capped at $350 per week (HB 4- reduced WBA 35% from $535 to $350 per week, so WBA reduced for any
worker with more than $27,300 in yearly income)
71
Length of Benefits
24.
If Johnny is declared eligible for
unemployment
benefits,
how
many
weeks of benefits will he receive?
72
Length of Benefits
N.C.’s February 2015 seasonally adjusted unemployment rate
for was 5.3% (same as Jan. 2015). Johnny will receive
between 5 and 12 weeks of unemployment benefits ($1,750.00
- $4,200.00).
Unemployment Rate
Minimum
Maximum
5.5% or less
5
12
5.6% - 6.0%
6
13
6.1% - 6.5%
7
14
6.6% - 7.0%
8
15
7.1% - 7.5%
9
16
7.6% - 8.0%
10
17
8.1% - 8.5%
11
18
8.6% - 9.0%
12
19
Higher than 9.0%
13
20
Reducing Liability
25.
What can ABC do to potentially reduce
its unemployment liability?
74
Reducing Liability
25.
•
What can ABC do to potentially reduce
its unemployment liability?
Decrease the number of employees declared
eligible for unemployment benefits.
75
Reducing Liability:
Management
Quits, files claim for
unemployment benefits
Quits & leaves, but gives notice
Quits & leaves without notice
Employee
Quits, files Lawsuit
Engages in workplace
violence
Management
Quits & stays
Employee
Stays but has
negative attitude and
contributes to
low morale
Stays, files lawsuit
EMPLOYER
HR
Employee
HR
Quits, files class
action lawsuit
Management
Wins lawsuit and
is reinstated
Stays, files EEOC Charge
Employee
Stays, makes OSHA complaint
Stays, files Wage & Hour
Complaint with NCDOL
Quite, files REDA Complaint With NCDOL
76
Reducing Liability
•
Take “reasonable care” to prevent harassment/
discrimination:
a. Policies: up-to-date policies and Employee Handbook
b. Training: management, rank-and-file employees
c. Knowledgeable: aware of changes in workplace law, regs.
•
Document Decisions: non-discriminatory, non-retaliatory &
well-documented decisions including: (a) hires, promotions, etc.;
(b) performance reviews (accurate and timely); (c) employee
discipline (consistent).
•
Manage risk: recognize, manage and document risk
a. Employee complaints/ concerns: “eyes & ears” of
employer
b. Respond: investigate, take prompt remedial
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(discipline, change policies, etc.).
Extra Credit
* What is HR and Management’s
most important goal?
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Extra Credit: Attitude
* What is HR and Management’s
most important goal?
- To lead by example by displaying a
positive attitude.
- Attitude is the ONLY thing in life
that we can control.
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Extra Credit: Attitude
“Attitude, to me, is more important than facts. It is more
important than the past, than education, than money, than
circumstances, than failures, than successes, than what
other people think or say or do… It will make or break a
company… a family…
The remarkable thing is we have a choice every day
regarding the attitude we will embrace... We cannot
change our past… We cannot change the inevitable. The
only thing we can do is play on the one string we have,
and that is our attitude... I am convinced that life is 10%
what happens to me and 90% of how I react to it.”
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Charles Swindoll
Extra Credit: Attitude
1.
2.
3.
4.
5.
5 Traits of Positive & Mentally Tough People
Don’t do the same thing over & over & expect different
results: this is the definition of “insanity.” Positive people are
willing to change their behavior in order to change results.
Don’t expect immediate results: positive people are in it “for
the long haul,” know that success requires significant time and
energy, and are willing to work hard for it.
Learn from their mistakes: positive people learn from their
mistakes, take ownership, and move on.
Don’t waste energy on things they can’t control: positive
people realize many problems wouldn’t exist if we didn’t invent
them and don’t waste time complaining (e.g. traffic/ lost
luggage).
Don’t shy away from change: positive and mentally tough
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people embrace change & fear complacency.