201.78 Unemployment Compensation

Applies to all university staff members.

Issued by: University Human Resources and the Office of the Provost and Executive Vice President for Academic Affairs

SPG number: 201.78

Procedures at the Time of Employment

Supervisors/Managers

  1. Keep record of all verbal and written warnings for misconduct. Work performance warnings should be documented separately from misconduct warnings.
  2. Draft and retain the discharge letter when the employee is fired. Every employee, regular or temporary, should be issued a discharge letter when fired for misconduct.
  3. Secure and retain a resignation letter or email when the employee resigns. Every employee, regular or temporary, should submit a resignation in writing. Job abandonment is also considered a voluntary resignation and should be documented for both regular and temporary employees.
  4. Provide Reduction in Force (RIF) Notification to employee per university policy and retain a copy of the notice in the employee’s file.
  5. Provide the employee with documentation regarding any approved Medical, FMLA, Personal, Seasonal Paid/Unpaid Leave of Absence, or Sabbatical. The letter should be detailed and include leave start and end dates. 

Unemployment Claim Processing and Appeal

Current or Former Employee

File an unemployment claim for benefits online or by telephone with the State Unemployment Insurance Agency. The employee should file in the state in which 51% or more of the work was physically performed. The employee should only file a claim in one state, not multiple. Additionally, the employee should only file immediately after becoming totally or partially unemployed, not before.

State Unemployment Insurance Agency

Mail a Monetary Determination or Notification of Claim Filed form to the University Unemployment Compensation Office, the claimant, and any other employers that fall within the claimant’s base period.

University Unemployment Compensation Office

  1. Review and process the new claim for benefits, checking for errors.
  2. Contact the HR Representative or department to determine if it is necessary to protest the claim.
  3. If protesting the claim, complete the protest supportive documentation and return the protest to the State Unemployment Insurance Agency within 10 calendar days from the mail date. Answer all additional inquiries from the State Unemployment Agency as the protest is reviewed.
  4. If not protesting the claim, notify the department by memo that a claim has been filed. Additionally, notify the department by a second memo of total liability if/when the claimant has been granted benefits.

Current or Former Employee

  1. Review all forms received from the State Unemployment Agency and check for accuracy.
  2. Respond to all inquiry forms and submit protests if applicable. Include supportive documentation with protests as appropriate.
  3. Register for work as appropriate.
  4. Certify for benefits weekly or bi-weekly as appropriate.

State Unemployment Insurance Agency  

  1. If the unemployment claim was protested and more information is needed, mail a request for additional information form to both the claimant and the University Unemployment Compensation Office.
  2. Issue a non-monetary determination regarding the claimant’s eligibility and the issue that was protested.
  3. Mail a copy of the non-monetary determination to the claimant and the University Unemployment Compensation Office.

University Unemployment Compensation Office

  1. Review the non-monetary determination form. If the decision is favorable, no further protest or action is necessary.

  2. If the decision is not favorable, contact the HR Representative or department and ask if they wish to continue protesting the claim and want to request a non-monetary redetermination. This involves presenting new or additional information that was not used for the initial protest.

  3. When requesting a non-monetary redetermination, submit the second protest along with the new, supportive documentation to the State Unemployment Insurance Agency.

  4. If not requesting a non-monetary redetermination, notify the department by memo of total liability when the claimant has been granted benefits.

Current or Former Employee

  1. Review the non-monetary determination form.
  2. If in disagreement, submit a protest to the State Unemployment Insurance Agency. Include supportive documentation with the protest as appropriate.

State Unemployment Insurance Agency

  1. If the non-monetary determination was protested by either party and additional information is needed, mail a request for additional information to both the claimant and the University Unemployment Compensation Office.
  2. Issue a non-monetary redetermination regarding the claimant’s eligibility and the issue that was protested.
  3. Mail a copy of the non-monetary redetermination form to the claimant and the University Unemployment Compensation Office.     

University Unemployment Compensation Office

  1. Review the non-monetary redetermination. If the decision is favorable, no further appeal or action is necessary.
  2. If the decision is not favorable, contact the HR Representative or department to ask if they want to request an unemployment hearing before an administrative law judge.
  3. If the department wants to request a hearing, draft a written request for a hearing including the reason for the request. Attach supportive documentation as appropriate.
  4. Send the request for a hearing to the State Unemployment Insurance Agency before the appeal deadline.
  5. If the department does not want to request a hearing, notify the department by memo of total liability when the claimant has been granted benefits.

Current of Former Employee

  1. Review the non-monetary redetermination form.
  2. If in disagreement with the redetermination, submit a request for an unemployment hearing and include the reason for requesting the hearing. Attach supportive documentation as appropriate.

Unemployment Hearing

State Unemployment Insurance Agency

Send the hearing request to the State Court.

State Court 

Issue a Hearing Notice and mail a copy of the notice to the claimant, the employer, and all other involved parties. The notice will include the date and time detail as well as other important information regarding the hearing. The hearing will mostly likely be conducted over the telephone, but in some instances, the hearing will be conducted in person.

University Unemployment Compensation Office

  1. Review the Hearing Notice and determine if the hearing was requested by the claimant or the university.
  2. Send a copy of the Hearing Notice to the HR Representative.
  3. Ask the HR Representative if the department will participate in the hearing, who will participate, and what evidence, if any, will be used during the hearing.
  4. If the department does not wish to participate, notify the court. Additionally, if the department wishes to withdraw from the hearing, notify the court.

HR Representative 

  1. Review the Hearing Notice immediately.
  2. Send the list of participants and evidence to the Unemployment Compensation Office immediately. Coordinate with participants and prepare for the hearing.

University Unemployment Compensation Office

Mail or fax the participation notice and evidence documents to the claimant, administrative law judge, and all interested parties as appropriate.

State Unemployment  Insurance Agency

Mail copies of all documents related to the unemployment claim appeal to each involved party.

Current or Former Employee            

Mail, fax or hand deliver copies of evidence to the Unemployment Compensation Office at least three days prior to the date of the hearing.

University Unemployment Compensation Office

Send copies of any documents received from the State Unemployment Insurance Agency and/or the claimant to the HR Representative and all hearing participants.

HR Representative and University Participants

  1. Review and become familiar with evidence documents submitted by the claimant and/or the State Unemployment Insurance Agency.
  2. Confirm logistics for the day of the hearing continue to prepare as appropriate.

Benefit Payment and Charging

Current or Former Employee

  1. Certify (report) for benefits on a weekly or bi-weekly basis by the deadline as appropriate.
  2. Report all taxable gross earnings and hours worked to the State Unemployment Insurance Agency, no matter the amount, when certifying.

State Unemployment Insurance Agency

  1. Issue benefit payment in the form of a debit card or by direct deposit to the claimant.
  2. Mail a record of all benefit payments to the university on a weekly, monthly or quarterly basis. The frequency of payment charged to the university will vary by state.

University Unemployment Compensation Office

  1. Verify the accuracy of each benefit charge.
  2. Prepare the weekly benefit charges for Service Unit Billing.

University Department

  1. Monitor and review all unemployment charges.
  2. Notify the University Unemployment Compensation Office with information that affects the claim, e.g. current employment status, availability, overpayment, errors, etc.

Fraudulent Unemployment Claim

State Unemployment Insurance Agency 

Mail a Monetary Determination form or Notification of Claim Filed form to the University Unemployment Compensation Office when the unemployment claim is filed.

University Unemployment Compensation Office

  1. Determine the unemployment claim is fraudulent after thoroughly reviewing the claim form and the employee’s employment relationship with the university.
  2. Immediately report (protest) the claim as fraud related to identity theft to the State Unemployment Insurance Agency.
  3. Send a targeted email to the affected employee’s university email address. The email notifies the employee about the fraudulently filed claim, that the University Unemployment Compensation Office reported the claim as fraud related to identity theft to the State Unemployment Insurance Agency, and additional action steps the employee is advised to take.

State Unemployment Unemployment Insurance Agency

  1. Notify the Fraud Investigation Unit at the State Insurance Agency about the reported fraud for further investigation and stop benefit payment immediately.
  2. If more information is needed, mail a request for additional information form to the University Unemployment Compensation Office.

Current or Former Employee

  1. Read the targeted email in its entirety.
  2. Follow the recommended actions to help protect and recovery the stolen identity.
  3. Contact the University HR Representative if further clarification is needed after reading the email.
  4. Notify the University Unemployment Compensation Office if the claim is not fraudulent.

HR Representative

Respond to inquiries from an employee who has been affected by unemployment fraud.

University Unemployment Compensation Office

  1. Respond to all forms and inquiries received from the State Unemployment Insurance Agency.
  2. Monitor the claim.
  3. Protest benefits if payment is issued.

State Unemployment Insurance Agency

Issue restitution to the university if any benefit payments were processed on the claim.

Resources