How Often Do Employers Win Unemployment Appeals?
How Often Do Employers Win Unemployment Appeals? It Depends On The Representation
Like the unemployment insurance process itself, answering the question of “how often do employers win unemployment appeals” is complicated. What we can tell you clearly is that no matter the state you reside in or the cause for the appeal, there is certain factors employers can do to improve the chances of winning their cases.
The process begins when a former employee files a claim with the state. Employers who employed the claimant during the applicable period receive a claim form for that employee. Employers need to respond to the claims immediately. Failure to respond can result in financial penalties by the state.
Disputing the Claims
One of the main reasons that employers don’t win unemployment cases is lack of preparation. It is important to prepare immediately after a claim is open. This ensures that the paperwork and documentation are completed on time. It is also advisable to get the right witness for the hearing.
When disputing the claim, employers need to stick with the relevant points. Irrelevant information can cloud the primary issue and divert attention away from the facts of the case.
The two most common separations are voluntarily resignation (will be discussed further in a future blog) and misconduct.
Proof of Misconduct
When proving misconduct, the employer needs to prove that the employee violated a specific policy.
The employer also needs to show that the employee was aware of the policy and that the violation will result in termination of employment.
It is key that the employer focuses only on issues that they can prove. The employer can get expert help to avoid losing unemployment insurance claims.
Additional documentation is needed to challenge a claim, such as:
- Termination notices
- Witness statements
Representatives of Industrial UI Services advise the employer on what is needed and provide details of the necessary deadlines.
After the claim is returned, interaction with the state is initiated. An investigation into the eligibility of the claimant is conducted by the state. The state will contact the employer for additional information.
The state determines the claimant’s eligibility. If the employer or claimant disagrees with the determination, they have the right to appeal. At each step of the process, attention to detail is required.
As the burden of proof is on the employer, it is important that they attend all state unemployment hearings. Representatives of Industrial UI Services will prepare the appropriate witnesses.
The representatives attend the unemployment hearings. Appropriate evidence is provided, and the claimant is cross-examined. The employer needs to prove that the claimant committed an act of misconduct by submitting documents and having the appropriate witnesses testify.
If the claimant is found eligible for benefits, the employer can file an appeal. The expert representatives review the proceedings to ensure that the appeal of the employer is successful.
So, how often do employers win unemployment appeals? Employers are successful in appealing unemployment claims more often when they have professional representation.
Industrial U.I. has spent many years helping employers deal with unemployment matters. Our team can support your organization as you navigate the unemployment insurance process. Contact us today for more information on our services.