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UCI
UCI
UNEMPLOYMENT CONSULTANTS, INC.
Illinois State Council Of Society for Human Resource
Management Legislative Conference.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
Illinois State Council Of Society for Human Resource
Management Legislative Conference.
AGENDA:
• 2016 Unemployment Law Changes
• Discharge for Misconduct
• Chargeable Employer
• Voluntary Quit
• Unemployment Claim Forms
• Hearing Information
• Appeals to the Board of Review
UNEMPLOYMENT CONSULTANTS, INC.
UCI
2015 UNEMPLOYMENT LAW CHANGES
In December Governor Rauner signed legislation that revised the
Illinois Unemployment Act.
CHANGES IN THE UNEMPLOYMENT LAW:
• Section 602A Discharged for Misconduct
• Grossly Negligent was defined.
• Social Security Offset Eliminated.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
Discharged for Misconduct
DEFINITION OF MISCONDUCT:
• A deliberate and willful violation of a reasonable rule or
policy of the employing unit.
• Governing the individual's behavior in performance of his
work.
• Provided such violation has harmed the employing unit or
other employees.
• Or has been repeated by the individual despite a warning.
• Or other explicit instructions from the employing unit.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
Discharged for Misconduct
Definition of “grossly negligent”:
• For the purposes of paragraphs 4 and 8, listed
below, conduct is “grossly negligent” when:
• The individual is, or reasonably should be, aware of
a substantial risk that the conduct will result in the
harm sought to be prevented and the conduct
constitutes a substantial deviation from the standard
of care a reasonable person would exercise in the
situation.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
Discharged for Misconduct
MISCONDUCT SHALL INCLUDE ANY OF THE
FOLLOWING WORK RELATED
CIRCUMSTANCES:
1. Falsification of an employment application or any other
documentation provided to the employer to obtain employment,
through subterfuge.
2. Failure to maintain licenses, registrations, and certifications
reasonably required by the employer, or those that the individual is
required to possess by law, to perform his or her regular job duties,
unless the failure is not within the control of the individual.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
Discharged for Misconduct
MISCONDUCT SHALL INCLUDE THE FOLLOWING WORK
RELATED CIRCUMSTANCES:
3. Knowing, repeated violation of the attendance policies of the
employer that are in compliance with state and federal law following a
written warning for an attendance violation, unless the individual can
demonstrate that he or she has made a reasonable effort to remedy the
reason or reasons for the violations or that the reason or reasons for the
violations was out of the individual’s control. Attendance policies of
the employer shall be reasonable and provided to the individual in
writing, electronically or via posting in the workplace.
• Reasonable effort to remedy
• Out of the individuals control
4. Damaging the employer’s property through conduct that is grossly
negligent.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
Discharged for Misconduct
MISCONDUCT SHALL INCLUDE THE FOLLOWING
WORK RELATED CIRCUMSTANCES:
5. Refusal to obey an employer’s reasonable and lawful
instruction, unless the refusal is due to the lack of
ability, skills or training for the individual required to
obey the instruction or the instruction would result in an unsafe act.
• Do not use performance
• Use failed to follow instruction, direct order, job description
6. Consuming alcohol or illegal or non-prescribed
prescription drugs, or using an impairing substance in an off-label
manner, on the employer’s premises during working hours in
violation of the employer’s policies.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
Discharged for Misconduct
MISCONDUCT SHALL INCLUDE THE
FOLLOWING WORK RELATED CIRCUMSTANCES:
7. Reporting to work under the influence of alcohol, or
illegal or non-prescribed prescription drugs, or an
impairing substance used in an off-label manner in
violation of the employer’s policies, unless the
individual is compelled to report to work by the
employer outside of scheduled and on-call working
hours and informs the employer that he or she is under the
influence of alcohol or illegal or non-prescribed
prescription drugs, or an impairing substance used in
an off-label manner in violation of the employer’s
policies.
8. Grossly negligent conduct endangering the safety of
the individual or co-workers.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
SOCIAL SECURITY OFFSET ELIMINATED
With this change:
• Some seniors may now become eligible for unemployment
insurance benefits where their social security income may have
resulted in disqualifying them.
• Others will receive higher benefits because their social security
income would have reduced their benefit amount.
• Illinois was one of two states to offset UI benefits with social
security income.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
CHARGEABLE EMPLOYER
THIRTY WORKING DAYS:
•
•
•
The individual must have worked at least 30 working days from the date of claim, back to
the beginning of the base period.
The base period is the first four calendar quarters of the last five completed calendar
quarters.
The 30 working days do not need to be consecutive.
REQUALIFING EMPLOYER:
•
•
•
•
•
The individual lost a job.
The individual filed for benefits.
The individual was denied benefits based on a voluntary quit, discharge for misconduct or
refusal of work.
The individual is denied until the individual returns to work and earns his/her WBA
(weekly benefit amount) in each of four weeks.
The employer who requalifies the individual is the chargeable employer, even if the
individual did not work 30 days for the requalifing employer.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
CHARGEABLE EMPLOYER
PART TIME EMPLOYEES:
• The Employee has worked part time for at least 30 working days
for the Employer.
• The Employee filed for benefits against another full time
Employer.
• Part time Employer is not chargeable
• The Employee’s work hours were increased on the part time job.
• The Employee earned over his/her weekly benefit amount (WBA)
in just one week, with the part time Employer.
• The claim is stopped when the Employee earns over the WBA.
• When the claim is reopened it is an additional claim.
• IDES will search for the most recent Employer who reduced the
Employees work hours.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
VOLUNTARY QUIT
VOLUNTARY QUIT DISQUALIFICATION:
• The claimant is denied benefits until the claimant
returns to work and earns his/her weekly benefit
amount in each of four calendar weeks.
• The employer is removed as chargeable.
• The employer can only be charged if the claimant is
rehired by the same employer.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
VOLUNTARY QUIT
WHEN AN EMPLOYEE RESIGNS:
• When an employee voluntarily resigns, the Employer should
request a written voluntary resignation letter.
• This resignation letter should be completed at the time of the verbal
resignation.
• A document needs to be prepared if the Employee did not give you
a written resignation at the time the Employee verbally resigned.
• If a voluntary quit is attributable to the Employer, unemployment
benefits will be paid.
• If the voluntary quit is not attributable to the Employer,
unemployment benefits will be denied.
• If an individual voluntarily quits per medical advice, and a medical
statement is given to the Employer; benefits will be paid once the
medical situation is resolved. This is a pooled cost; the Employer
will be removed as chargeable.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
PROTESTING CLAIMS
IDES HAS TWO CLAIM FORMS:
• IDES will mail or email claims to the employer.
• The employer can receive claims via email on IDES SIDES site.
•
•
•
•
Notice of claim to chargeable employer.
Notice of claim to interested party ( not the chargeable employer.)
Timely protests must be issued on either claim form.
Right of appeal is based on the first claim sent out no matter how
the chargeable status is listed on the first claim received.
• We find about 10 – 15% of interested party claims are changed to
chargeable claims.
• If the Employer does not protest the interested (not chargeable)
claim, they will have no appeal rights if the chargeability is changed
to make the employer the chargeable employer.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
PROTESTING CLAIMS
Information needed to attach to
the protests for chargeable claims:
• When an Employee is discharged:
– letter of termination
– details of final incident
– prior warnings for the past 6 - 12 months
– copy of policy violated
– signature for the policies
– all reports and documents regarding the final incident
UNEMPLOYMENT CONSULTANTS, INC.
UCI
PROTESTING CLAIMS
Information needed to attach to the protest for
chargeable claims:
• When an Employee has resigned:
– Reason for resignation
– Resignation letter if provided by the past employee.
• Refusal of work:
–
–
–
–
–
need date of work offer
date work is to begin
job title and duties
rate of pay, locations and hours of the job
reason for the refusal
UNEMPLOYMENT CONSULTANTS, INC.
UCI
PROTESTING CLAIMS
Protesting claims:
• All protests must be timely filed.
• The protest due date is on the claim form.
• The Employer has 10 days to protest from the date the
claim is emailed or mailed by IDES.
• Failure to file a timely protest will result in the
employer not having party status to appeal the local
office determination.
• If the claim protest due date is Saturday, Sunday or a
State or Federal Holiday the due date would be
extended to the next business day.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
HEARINGS
Prepare for the hearing:
• Notice of hearing is mailed to both the claimant and the
Employer.
• Hearings are conducted over the telephone.
• All hearings are conducted by an Administrative Law Judge.
• All testimony is taken under oath or affirmation.
• All hearings are recorded because of the possibility of a
further appeal by either party to the Board of Review.
• The appellant must appear at the hearing for a hearing to
take place.
• The hearing date and time is set by the IDES appeals section.
• The notice of hearing will indicate date, time, issues to be
covered at the hearing.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
HEARINGS
Prepare for the hearing:
• If the Employer wants an in person hearing, the Employer’s
request can be made to the phone number on the notice of hearing
and must be made at least 48 hours before the hearing is scheduled
to take place.
• The Employer must mail, fax or deliver all documents to be
submitted at the hearing to the former employee and the
Administrative Law Judge prior to the hearing.
• The documents must be received prior to the date and time of the
hearing.
• Testimony must be from witnesses who have firsthand information
regarding the final incident and discussion regarding the
separation.
• Hearsay evidence may be allowed in the proceeding, but cannot be
used in making a decision.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
HEARINGS
Hearing Decisions:
• A decision will be mailed to both the Claimant and
the Employer involved.
• Decisions are usually mailed about 10-14 days after
the hearing.
• Either party has 30 calendar days to issue a timely
appeal to the Board of Review.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
BOARD OF REVIEW
Board of Review Appeals:
• All appeal letters must be mailed certified to the Claimant.
• Proof of mailing to the Claimant must be attached to the
Employer’s appeal.
• Appeals to the Board of Review can be faxed to IDES.
• If the Claimant files an appeal to the Board of Review, the
Employer can file a brief to substantiate the Employer’s
position.
• The Board of Review will review the hearing transcripts, the
written appeal and a brief if submitted.
• The Board Decision should be received in 180 days.
• If the Board does not make a decision within 180 days the
Employer can take the case directly into the court system.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
UNEMPLOYMENT CONSULTANTS, INC.
Thank you for attending today.
If you have further questions, please call our office
at 847 670 0590.
We specialize in handling unemployment issues for
employers.
Our goal is to reduce your unemployment costs.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
UNEMPLOYMENT CONSULTANTS, INC.
SERVICES INCLUDE:
• Conduct workshops or training sessions at the business
location.
• Respond to all protestable claims on your behalf.
• Handle all local office telephone requests.
• File appeals to all local office determinations, hearing
decisions, director's orders.
• Attend all unemployment hearings, in Illinois, scheduled in
person or by phone.
• Verify and protest, if necessary, all tax rates, and quarterly
charge statements.
UNEMPLOYMENT CONSULTANTS, INC.
UCI
UNEMPLOYMENT CONSULTANTS, INC.
SERVICES INCLUDE:
• Report erroneous charges to Illinois Department of
Employment Security for correction.
• Periodic visits to your offices to insure procedures
are being followed.
• Keep the Employer informed regarding law changes,
new administration rules and regulations.
Call UCI at 847 670 0590
Website: unemploymentconsultantsinc.com
Email: [email protected]
UNEMPLOYMENT CONSULTANTS, INC.