Tips for Protesting Unemployment Insurance Claims

With all of the duties you have in running your business, the last thing you want to do is spend time and resources protesting unemployment insurance claims.  What is even more frustrating is that employers only win about 50 to 60 percent of the claims that they protest.

There is now added pressure for employers to respond to requests for information from the various state UI agencies as there are penalties imposed in some states and in all states, non-responsive (or those sending inadequate responses) will not be able to get relief from liability on the claim for any reason (even if something happens during the claim year that would normally allow the employer to protest).  With this in mind, it is urgent that you send in effective protests and respond to all agency requests.

The following are some do’s and don’ts of unemployment protests that should ensure that you respond appropriately to claims and agency requests.

Do – Ensure you are meeting the timeliness deadline for protests in your state.  These deadlines can be anywhere between 7 and 30 days from receipt of the claim notice.  If you miss the deadline, you miss your opportunity to protest.  Timeliness requirements are included in the documents you receive from the state UI agency.  You can also visit your state UI website and look up these deadlines.

Do – Send along supporting documentation for your protest.  Supporting documentation is the evidence to support your protest.  Without it, you are likely to lose your protest.

Do – Take the time to track and follow up on your protests once they have been filed.  Often, it can take a follow up letter to get an eligibility decision on a claim.  If you don’t keep track of and follow up on your protest, it might just sit out there unresolved – while the claim continues to accumulate charges.

Do – Make sure that you get your credits.  There are times when you get a favorable determination, but the credits to your account never show up.  Make sure you keep track of this and follow up if needed.

Don’t – Provide a laundry list of everything the employee did wrong while working for you.  Focus on the “Final Straw” – the reason the employee was separated.  

Don’t – Forget to get a receipt page for your fax.  Protests and other correspondence get lost at the UI Agency (they get tens of thousands of documents a month).  This is your proof you sent the protest in a timely manner.

Your ability to effectively protest improper claims is critical to avoid getting penalized by your state UI agencies for non response or insufficient responses.  This is especially important if you are working to control and lower your overall UI costs.  For more information, visit us on the web at www.UnemploymenTracker.com.