Unemployment Tip – Document, Document, Document!

Unemployment claims can be difficult to win, especially if the issue at hand is a discharge.  Each state can be a little different in terms of laws and regulations, however they all require one thing in common: documentation. These days, it isn’t enough just to tell the state that someone was “discharged for violating policy.” In fact, it probably isn’t enough to provide a simple write up either!

States are now requiring that employers provide sufficient documentation to prove that the claimant was fully aware of grounds for discharge and deliberately did not follow the rules. The type of documentation that the state is looking for is:

• A write up of the final incident signed by the claimant and a witness.
• Any prior write ups, whether they are related to the final incident or not.
• A well thought out corrective action plan to help resolve the problem at hand.
• A copy of the specific policy violated.
• A signed acknowledgement of the company rules/policy/handbook.

Sometimes it can be tough to get an employee to sign a write up, especially when they don’t agree. So here’s an idea: Have the employee write that they disagree, and then have them sign it. Now there is sufficient evidence that a claimant was warned AND that they acknowledged the warning, even though they didn’t agree with it. This type of backup documentation can go a long way, especially if an unemployment claim gets appealed to a hearing.

Keeping these warnings in a chronological order, along with the policies and acknowledgement will absolutely help win an unemployment claim, not to mention an EEOC or Civil Rights claim should one arise.

For more helpful tips on how to proactively fight unemployment claims, take a look at our blog or contact us today!