Unemployment Compensation Process - Legal Guidelines & Benefits Overview

1. 1 NOON-TIMEFORUM 2018 HUMAN RESOURCE (HR) FINANCIALFORUM “Unemployment Compensation Process – A DOLConversation” Presenter: BruceMedders The Noon-Time Forum tackles legal challenges faced by workplace professionals. For this reason, the Forum’s comments and discussion are not intended to be legal advice or counsel. As with all legal matters, participants should look to licensed counsel to deal with a specificmatter.

2. 2 “UIProcess” Noon- Welcome andIntroduction 12:05- Overview of unemployment compensationprocedure UI Tax PanelistQ&A OnlineQuestions Adjourn 12:30- 12:45- 12:50- 1:00-

3. Unemployment Insurance(UI) Program -Benefits Mark Butler,Commissioner Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

4. TAXES Paid byemployers UI ProgramComponents BENEFITS Paid to eligibleindividuals Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

5. Let’s Talk About the SecondComponent: BENEFITS Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

6. EligibilityCriteria • To be potentially eligible to receive UI benefits, an individualMUST: • Have worked and earned sufficient insured wages in the baseperiod; • Be separated from their most recent employer due to no fault of theirown; • Present proof of lawful presence in the United States (O.C.G.A.50-36-1); • Be physically able to work, available for suitable work at its earliest opportunity and actively searching for work eachweek Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

7. The ClaimsFiling Process • Individual files a UIclaim • GDOL sends Notice of Claim Filing and Request for Separation Informationto • separating employer either by mail or SIDESE-Response • Adjudicator reviews the case to determineeligibility • A call is made to interested parties onlyif additional information isneeded • A formal, written determination with appeal rights is mailed to all interestedparties • *** If separation reason is a Lack of Work, Reduction in Force, etc., andno • other “issues” exist, a formal determination allowing benefits is automatically released the next business day and payments are released the followingweek Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

8. The ClaimsFiling Process(Cont’d) • If claimant is deemed eligible and employer is liable, employer’saccount • will be charged for benefitspaid • Charges to employer’s account willnot • exceed the Maximum Benefit Amount (MBA) of the claim or the amount of gross wages paid to the individual during the base period through end of the benefit year, whichever isless. Example: Claimant has multiple employers in the base period and establishes a claim with an (MBA) of $3,000 and isallowedbenefits. Gross wages paid to claimant by the separating, chargeable employerare$1,850. The remaining $1,150 is absorbed by theagency. Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

9. Common Employer Mistakes Related to Discharges • Not advising employee his/her job was in jeopardy (no final warninggiven) • Not enforcing own, stated disciplinary policy between similarly-situatedemployees • Firing employee for a laundry list of infractions rather than onespecific and final incident (Prior incidents can support position, but focus should be on a specific, final infraction) • Permitting too much time to pass between the final incident anddischarge • Failure to provide detailed information regarding thedischarge Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

10. Common EmployerPitfalls Involving VoluntaryQuits • Not asking “why” employee wants to quit – Claimant may have quit before giving you an opportunity to address the alleged problem that ledto resignation • Failing to address verifiedproblems • Allowing supervisors or co-workers to harass employees in anyway • Advising employee to resign instead of beingdischarged • Turning a resignation into adischarge Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may cont8ain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

11. Appeals • Request must be inwriting • Request must be filed within 15 days of mail date on determinationletter • May be e-mailed, faxed, or mailed to the Appeals Tribunal or Board ofReview • Request mustinclude: • Claimant’s name, social security number andaddress • Company name, address, telephone number and contactperson • Reason for the appealrequest Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

12. Appeals(cont’d) • Hearings are routinely held by teleconference (in-person hearings are scheduled when a disability must be accommodated or language translation services are requested) • At least 10 days prior to the hearing, the Department sends all interestedparties • a Notice of Hearing that advises of the time, date, and all issues to bediscussed • o A request for postponement of a hearing will only be granted for an extreme emergency (If an interested party is not notified in writing that a postponement has been granted, (s)he should plan to participate in the hearing asscheduled) • A formal, written decision with further appeal rights is mailed to all interested parties Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

13. Ways to ProtectYour ExperienceRating • Provide employee a separation notice, DOL-800, at time ofseparation • [O.C.G.A.34-8-190(c)] • Respond timely to all GDOL written requests for UI claiminformation • Keep address current withGDOL • Report newly hired, re-hired, or temporary employees - Must be reported within 10 days of hire atwww.ga-newhire.com • (O.C.G.A. 19-11-9.2 and 42 U.S.C.653A) • Register for SIDES E-Response (State Information Data ExchangeSystem) Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

14. EmployerPortal • Self-service transaction with a single sign-on that provides options for Unemployment Insurance (UI) tax related services and limitedservices for UIbenefits • Some examples of availableservices: • File Quarterly Tax and WageReports • Maintain and change employeraddresses • Submit UI taxpayments • File Partial Claims on behalf ofemployees • View employer account information (e.g., UI tax rates, UI tax filing and payment details, etc.) Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may cont1a2in confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

15. SIDESE-RESPONSE • A web-based system that allows employers to submit electronicresponses • to UI separation informationrequests • Designed for employers with a limited number of UI claims throughoutthe • year • Employer receives through e-mail, electronic notification of claimsfiled against theircompany Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

16. Why Use SIDESE- Response? • System edits that ensure information exchanged is complete, secure, timely andvalid • Receive date-stamped confirmation when response isreceived • No more follow-up calls, paper handling and postagecosts • Reduces improper payments and inappropriate employercharges • PROVIDED ATNO-COST!! Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

17. SIDESE-RESPONSE ASSISTANCE Email: SIDES@gdol.ga.gov HelpDesk: 404-232-7401 Hours: Monday – Friday, 8:00 a.m. to 4:30p.m. Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

18. EMPLOYERHANDBOOK Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may cont1a6in confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

19. Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

20. CONTACTINFORMATION Bruce Medders Georgia Department ofLabor UI Policy and Procedures Analyst 404.232.3180 –P 404.232.3199 –F Bruce.Medders@gdol.ga.gov Confidentiality Notice: This presentation is for the sole use of the intended recipient(s) and may contain confidential andprivileged information. Any unauthorized review, use, disclosure or distribution isprohibited.

21. 68 THANK YOU FORPARTICIPATING!