MANAGING UNEMPLOYMENT COMPENSATION

1. MANAGING UNEMPLOYMENT COMPENSATION Hosted by: Compensation Services

2. Agenda • Background Information • Eligibility • Terminations for Misconduct • Voluntary Resignation • Refusal of Employment • Involuntary Terminations • Termination for Absenteeism • Termination for Insubordination • Termination for Language • Termination for Drug Use • OCPS Process & Roles for Appeals & Hearings • Cost Control Suggestions

3. Background Information • Unemployment Compensation ensures that at least a significant portion of the necessities of life can be met while in search of work • A federal-state partnership based upon federal law, but administered at state level under state law • Temporary, partial wage replacement to the unemployed • Important in maintaining stability of the economy

4. Background Information Funding sources: • Employer Taxes • “Reimbursing” • OCPS is considered “reimbursing”

5. The State of Florida, as per Florida Statutes chapter 443, regarding unemployment compensation, is: “…liberally construed in favor of a claimant of unemployment benefits who is unemployed through no fault of his or her own.”

6. Determining Eligibility A former employee is considered by the State of Florida to be unemployed through no fault of his/her own, unless he/she: • Was discharged for misconduct connected with the work • Voluntarily resigned, although there are even exceptions to this • Failed to accept suitable work

7. Discharges • The burden of proof is on the employer • Written documentation is key • Avoid hearsay evidence • Evidence must be based on firsthand knowledge

8. Voluntary Resignation Reasons without good cause include: • Attending school • Looking for work, e.g. career change • Leaving in anticipation of discharge • Getting married • Staying home with children

9. Voluntary Resignation(con’t) Another reason that iswithout good cause is: • Job abandonment, no call & no show for five or more days

10. Voluntary Resignation Reasons with good cause include: • Substantial or adverse change in terms of hire, e.g. reduction in hours, pay, duties, or worksite • Evidence of harassment or discrimination • Working conditions detrimental to health or safety • Medical reasons, e.g. doctor’s advice • Care for a dependent child or parent for medical reasons

11. Refusal of Employment • Job offers outside of claimant’s skill or recent experience are generally not disqualifying • Document all details of a job offer

12. Involuntary Terminations “Lack of Work” & “Poor Performance” will allow a claimant to collect unemployment compensation: • 10- and 11-month employees are not considered “lack of work” discharges, even though they are not working during the summer • These employees have reasonable assurance of continued employment when the school term begins. • A former employee’s poor performance is not considered as misconduct if there was no willful disregard of the company’s rules or policies

13. Termination for Absenteeism • Employee is responsible for reporting absences in compliance with company policies • Employer must establish a pattern of excessive, unexcused absences • Warnings should be in writing, including dates and next disciplinary steps • Generally those absences “beyond an employee’s control” are not disqualifying

14. Termination for Insubordination • Refusal to comply with legitimate work orders, particularly on multiple occasions • A single incident of poor judgment or loss of self-control is not considered misconduct

15. Termination for Language • Use of vulgar language can be considered as misconduct • Consideration is given to the frequency of the vulgar utterance, the presence of any fellow employees or clients, and the existence of any provocation and the object of the abusive language • The employer must have firsthand knowledge; hearsay evidence is not acceptable

16. Termination for Drug Use • An employee’s use of illegal drugs, or abuse of prescription medication, as evidenced by a positive confirmed drug test, could constitute abuse • A positive confirmed drug test would be considered as misconduct on the job and subject to termination • Drug use must be confirmed by an independent lab • If you suspect drug use by an employee, always contact the Employee Relations Office

17. OCPS Process & Roles • Contracted with TALX Corporation to administer unemployment compensation • TALX is responsible for minimizing expense • Protesting all invalid or erroneous benefit charges against OCPS • Maximizing our cost savings potential

18. The Steps • Former employee files for unemployment benefits • TALX sends all initial unemployment claim notices to Compensation Services • Compensation Services collects and submits all pertinent employee information and separation documentation to TALX, who then submits the information to the state unemployment office • If you have any information, such as a resignation letter, please fax to 407-317-3345

19. The Steps (con’t) • TALX notifies Compensation Services of the ruling. If unemployment benefits are granted, Compensation Services determines if the decision should be appealed. The employee may also appeal the State’s decision • If the decision is appealed the State Unemployment Office schedules a telephone hearing. All hearings are conducted as telephone hearings with the Hearing Officer, former employee and OCPS Representative (usually the Principal or Administrator) in attendance • TALX notifies Compensation Services of scheduled hearings.

20. Preparation for the Hearing • We notify the manager/principal of the date and time for the telephone hearing and then notify TALX of the contact person and telephone number • The Department Head/Principal must attend the scheduled telephone hearing • If you have documentation (directives, reprimands, performance improvement plans, assessments, etc.) that will help our case, please submit to Compensation Services at least 2 days prior to the hearing.

21. Hearing Results Based on the information received, the state unemployment compensation office will issue a written decision to grant or deny the unemployment benefits. The written decision is sent to TALX, who then forwards it to Compensation Services

22. Cost Control Suggestions • Use proper hiring techniques, which can minimize turnover • Monitor job performance on a regular basis • Ensure employees receive a copy of departmental rules • Report refusals of job offers to your Staffing Manager • Document leave requests and absences on appropriate forms • Obtain resignation letters • Be prepared to present first-hand testimony during hearings