Unemployment Compensation

1. UnemploymentCompensation What Employers Need To Know Presented by Trish Williams, Chief of Benefits Virginia Employment Commission

2. Who can file an Unemployment Insurance Claim? • Anyone who has a Social Security Number and is unemployed can file a claim.

3. To be eligible for benefits a claimant must: • Have earned $2,700.00 in two quarters during a base period: • Regular base period is the first four of the last five completed calendar quarters. • Alternate base period is the last four completed calendar quarters. • Be able and available for work and actively seeking work. • Be unemployed through no fault of his own, example: • Lack of work • Quit for good cause • Discharged for reasons other than misconduct

4. Entitlement and Funding Source: Claimants can qualify for a maximum of $378.00 per week for 26 weeks and a minimum of $54.00 per week for 12 weeks. The funding source for unemployment compensation cost is: • The last 30 day or 240 hour employer and/or • A reimbursable employer for whom the claimant worked during the base period.

5. Claims Process • Individual files an initial claim over the Internet, by telephone or in a VEC Field Office. • Wage and Separation Report is sent to the last 30-day/240-hour employer and any subsequent employer. • If separation other than lack of work, a Hearing Officer conducts a fact-finding interview with the employer and claimant. • The Hearing Officer renders a written determination based on information gathered from the separation report and fact-finding interview. • Claimant files weekly continued claim for benefits by using the Internet, telephone, or by mail.

6. Wage and Separation Report (VEC-B-10-SEP) • Sent to address on file or one provided by claimant. Employers may have a benefits only address. • Needs to be returned to VEC by date shown on form either by mail or fax.

7. Notice of Deputy’s Determination (VEC-B-54) • Provides decision outcome and appeal rights for both parties. • Appeals can be filed by mail, Internet, or in person within 30 days of decision date.

8. Charge Notice (VEC-B-46) • Provides a detailed accounting of benefits charged against your account. The charge notice will be used to calculate the employer tax rate. • Tax rates are calculated on an annual basis using the four fiscal years ending on the June 30 prior to the calendar year of the calculation. • For 2010 the four fiscal years were July 1 2005 – June 30, 2009

9. Reimbursable Bill (VEC-B-47) • Provides a detailed accounting of benefits charged against your account and must be paid within 30 days from the date mailed. • The amount charged is the percentage of wages in the base period of the claim attributable to the reimbursable employer multiplied by the benefits paid.

10. Non-Charge Provisions • If benefits are paid for any of the following reasons the charge is placed against the Unemployment Insurance Trust Fund (applies to taxable employers only): • The individual was separated as a result of a violation of law and subsequent imprisonment. • The individual left employment to accept another job and that job ended in less than 30 days. • The individual refused an offer of work by the employer because he was in training approved by the Commission. • The individual voluntarily left employment to enter training approved under the Trade Act. • The individual left employment due to a non-work related injury or illness.

11. Non-Charge Provisions (continued) • The individual is hired to replace a member of the reserves or national guard called into active duty in connection with an international conflict whose employment is terminated concurrent with and because of that member’s return from active duty. • The individual participating as an inmate in a state or local work release program, community residential program, or any similar work release program, whose separation from work arose from conditions of release or parole from such program. • The individual who was unable to work at his regular employment due to a disaster for which the Governor has declared a state of emergency and the employer’s business was forced to close due to the disaster. The employer may have four weeks of benefit charges waived.

12. Cost Management Tips • Evaluate employees prior to the employee working 30 days or 240 hours. • Document employee behavior and management disciplinary actions. • Complete the Wage and Separation Report and return in a timely manner. • Participate in the deputy fact-finding interview. • Supply first-hand testimony and written documentation whenever possible. • If you disagree with a decision, appeal it within 30 days from the date of mailing. • Review all benefit charge statements for accuracy.