It is no surprise that employers are responsible for terminating employees for legit reasons, but often they don’t realize what they feel is viable grounds for an employee to receive unemployment benefits doesn’t mean unemployment agencies feel the same. Because the employer bears the burden of proof that an employee engaged in misconduct, the employer should be able to provide evidence in response to the claim.
So, what evidence must an employer provide regarding unemployment claims?
First thing first, each employer is responsible for helping employees understand their employee handbook. Knowing that the employee, read and understood the handbook is a crucial process during employment. The handbook should be signed at the beginning of employment just in case problems occur in the long run. Insurance companies will ask for a provided copy with the signature on the employee handbook.
- Employer must provide proof that the employee was capable of filling all responsibilities of the job for a specified period of time, along with the aftermath of when the employee was no longer able to fulfill the duties of his position.
- An employer must present documented occurrences with precise details, such as, time, date, information regarding the incident, and warnings from the employer to the employee, especially warnings that include possibility of termination. Incidents may include showing up to work late on a daily basis, misuse of social media in the workplace, unauthorized cell phone use, etc.
- The employer is responsible for providing documents with all staff members involved in current and previous warnings, as well as, the individual that fired the employee.
Terminating an employee is not easy, but when an employee files an unemployment claim it’s even worse. An employer should always document exact details of occurrences that happen for future reference. No one can predict the future. Your best employee may become your worst nightmare.
What steps do you take to ensure that you have all your ducks in a row when it comes to unemployment claims?
