Resignation Letter - PowerPoint by nzp81326

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									  MANAGING
UNEMPLOYMENT
COMPENSATION

  Hosted by: Compensation Services
                         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
        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
           Background Information
Funding sources:

1.       Employer Taxes

2.       “Reimbursing”
         OCPS is considered “reimbursing”
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.”
            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

 Voluntarilyresigned, although there are even
 exceptions to this

 Failed   to accept suitable work
                  Discharges
   The burden of proof is on the employer


   Written documentation is key


   Avoid hearsay evidence


   Evidence must be based on firsthand knowledge
        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
        Voluntary Resignation
               (con’t)
  Another reason that is without good cause is:



 Job abandonment, no call & no show for
 five or more days
            Voluntary Resignation
            Reasons with good cause include:

 Substantialor 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
 Carefor a dependent child or parent for medical
 reasons
         Refusal of Employment
 Job   offers outside of claimant’s skill or recent
 experience are generally not disqualifying


 Document   all details of a job offer
           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
    Termination for Absenteeism
 Employee is responsible for reporting absences in
 compliance with company policies
 Employermust 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
  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
        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
         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
        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
                  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
              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.
      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.
          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
         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

								
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