How to Fight Unemployment Claims
Unemployment benefits are intended for workers who are temporarily unemployed through no fault of their own. The benefits are designed to help the worker as he actively pursues another job. Eligibility depends on the reason the worker is unemployed. Just because a worker files for unemployment doesn't mean she is entitled to it. As an employer, you also have rights and can fight an unemployment claim.
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Instructions
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Take action as soon as you receive notice of the unemployment claim. You have 10 days to respond.
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Verify the reason the worker is unemployed. You must give the same explanation you gave the employee at the time he left your employment. You cannot change your justification or reply at the time you are served with the unemployment claim. Be honest with the employee and employment officials.
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Attach everything you have that is related to the worker's employment, including write-ups, personnel files and documentation of disciplinary action. You will want to show the employment agent that the employee was warned sufficiently before his termination, yet continued the unacceptable behavior.
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Share the claim and all documentation with your human resources department or human resources manager if your company has one. They are trained in such matters and can help you fight the claim.
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Fight an appeal. Chances are if the worker is denied, she will appeal the decision. You will be asked to attend a hearing either in person or via conference call. Do not ignore the hearing notice. Participate in the hearing and provide all documentation. Be honest. Give as many details and as much information as you can. The hearing officer will make a final decision on the matter. If you are unsatisfied with the officer's decision, you can seek legal advice.
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