As we’ve discussed before, there are many reasons why employers only win about about half of the Unemployment Insurance (UI) claims they protest. Things like poor claims management, a lack of specific unemployment knowledge, and a subpar employee handbook all come into play, but the most common reasons are ineffective employee policies and poor documentation. How well you handle employee performance issues — such as attendance, progressive discipline, and poor employee performance — has a direct connection to winning UI protests and keeping UI costs down. For correct procedures on these common performance issues, please read below.

Attendance

If you have a solid employee attendance policy, you will have a much greater chance at winning your UI protests. Your policy should clearly explain how many absences are allowed before disciplinary action occurs, and should be strictly enforced with every employee. Be sure to address questions like: “What qualifies as late for work?” and “When is an employee considered absent instead of late?” Don’t leave anything open to interpretation, as you might be setting yourself up for a greater chance of losing.

Your attendance policy should also include the exact hours you expect your employees to work each day; what happens if someone needs to take a league of absence; and how an employee should notify you if they are going to be late or absent. Be sure to keep a record of every time your employee doesn’t notify you in the correct way. Just remember — if an employee is a “no call/no show” for three consecutive days, this is considered a voluntary quit or job abandonment and not termination. Be sure to protest this in the correct way for a better chance of winning.

Progressive Discipline

Now it’s time to think about the steps you take in disciplining your staff when necessary. If an employee doesn’t follow proper protocol, or violates a policy in any way, you should have a set step-by-step process in place. For instance, the first time an employee needs to be disciplined, they should be issued an official written warning. If they step out of line again, a final written warning should now occur. The third time for most businesses is the final time and should result in termination. Be sure to properly warn the employee the first two times, as State UI Agencies commonly look for a “pattern of offense” and warnings for most cases. If an employee steps out of line one time and is automatically terminated, you will have a hard time winning your UI protest.

Poor Performance

When it comes to poor performance, documentation can only take you so far. Issues here can be anything from not meeting productivity goals, to apathy, to poor employee attitude issues, and all need to be addressed as quickly as possible. Don’t wait for a performance review to bring issues up, but instead coach the employee as soon as you notice the problem. When you’re working with the employee, first explain the issue and set clear expectations so both of you know exactly what is expected to change. Explain to the employee what the possible repercussions will be if the issue is not fixed, and set a timeline for when you want the issue resolved. Give the employee a chance to improve and be sure to set various checkpoints throughout the process.

Even with clear documentation, this is often not a protest that employers win. It’s common in State UI agencies to not hold employees accountable for poor performance, unless the employee was once very good at their job, and is now performing poorly. If this is the case and you document correctly, you might have a chance of winning. Otherwise, we suggest you do not protest poor performance claims.

Be certain to follow the above suggestions for common performance issues and you will have a much greater chance at winning your UI Protests. It is critically important you document everything from the beginning and that all is available for use, because if you lose at the initial protest level, chances are you’re going to lose through the entire protest process. If your policies are strictly enforced with every employee, and everything is documented correctly, you should have a good chance of not only winning, but improving employee behavior. If you’re looking for more assistance, contact us at www.unemploymenttracker.com to inquire about our policy/handbook evaluations, consulting services, or assistance with your claims management processes.