C O M P N O T E S
Unemployment compensation

Importance of unemployment basics & education

For the week of April 9, 2022 the number of people currently receiving unemployment insurance as a percent of the labor force reached the lowest level since February 21, 1970. *Source: DOL News release 4/21/22.

As the unemployment claim volumes have decreased, we have seen a trend that the workforce agencies have increased their diligence as they adjudicate eligibility decisions, especially for involuntary discharge job separations. Their increased efforts make the need for understanding the unemployment process and what information is required by the adjudicator critical for effectively managing claims and reducing unemployment costs.

These unemployment “basics” can really make a difference to successfully responding to a claim for benefits from a discharged employee.

  • Unemployment insurance benefits provide temporary financial assistance to workers unemployed through no fault of their own.
  • The state workforce agency, Ohio Department of Job and Family Services (ODJFS),  makes all unemployment benefit eligibility decisions while the employee’s last employer is requested to provide separation information during the adjudication process that is used by the agency to determine a person’s benefit eligibility.
  • In the case of discharges, the employer has the burden to prove that the claimant committed an act of willful and deliberate misconduct. Documentation and being able to provide specific details are crucial.
  • Willful and deliberate misconduct is typically established in cases where the employer can provide documentation that proves there was a work-connected violation of a known rule, policy or reasonable expectation and continued after being warned that future violations may lead to termination.
  • Isolated, or one-time events may represent disqualifying conduct, but usually those violations need to be serious in nature, like dishonesty or workplace violence.
  • Poor-job performance solely due to inability is not disqualifying.

The bottom line cost impact of being able to provide the required details to the agency adjudicator is significant. In Ohio, regular benefit eligibility is for up to 26 weeks. Weekly benefit payment amounts are based on earnings with maximum weekly payable amounts of $530; $642 if you have 1 or 2 dependents; $715 with 3 or more dependents making a maximum potential benefit charge to your account of $18,590.

Sedgwick is providing free virtual unemployment education sessions throughout 2022 to help employers develop winning claim and hearing strategies. For more information on the unemployment education sessions, click here.

If you have any questions please send them to: unemploymentsecureemail@sedgwick.com.

 

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