Employer Representation in Unemployment Compensation Claims

If an employee voluntarily quit or was fired for workplace misconduct, that person is not eligible for unemployment benefits. Unfortunately, many employees will still try to file for the benefit, claiming they were disabled, forced to quit or were laid off. In other situations, temporary employees and independent contractors have been known to improperly file for unemployment insurance. In any of these situations, it is advisable to immediately contact a Jacksonville unemployment compensation lawyer for employer representation for unemployment claims as soon as you find out the employee has filed for compensation.

When you receive a Determination Notice of Unemployment Compensation Claim Filed for the employee's unemployment insurance, it is important to reply to this notice as soon as possible if you believe the claimant is ineligible for compensation. Doing so will help keep your UC tax rate low. Your reply should include information about specific incidences with the dates, names of witnesses and information regarding any disciplinary procedures taken. Also include any specific company rules the employee may have violated. Be sure to list the specific reason the employee was discharged.

Based on this information a determination will be made about the employee's ability to collect compensation. You will receive a written copy of the decision and you may protest the determination within 20 days. The agency will evaluate your protest and reconsider its assessment of the claim. If they are unable to resolve the issue on their own, they will forward your petition to the Agency for Workplace Innovation who will schedule a telephone hearing. A Jacksonville unemployment compensation lawyer can help you file your protest and provide employer representation for you at the hearing.

A representative from your company and the employee will both be required to appear at the hearings. During the hearing, the employee will try to demonstrate as much as possible that they were, in fact, an employee of yours and eligible for benefits. You and your Jacksonville unemployment attorney will need to debunk this evidence and show that the employee is ineligible for compensation. Just like any other hearing, you may provide witnesses -so if the employee was fired for misconduct, bring in employees or customers who saw the incident. After the hearing, the AWI representatives will submit their findings and recommendations to the agency for a final decision.

If you lose at this hearing, you will be required to pay the benefits, along with interest and penalties, within 15 days. Obviously, it is very important to only protest claims when you have enough evidence to do so. Additionally, it can greatly benefit you to have an experienced Jacksonville unemployment compensation lawyer provide employer representation for you at your trial.

If you have any questions or would like to schedule an appointment, contact Duval County unemployment claims attorney..