Business Management Daily (04/03/12)
How much a company pays for unemployment insurance is partially
based on how many former employees successfully file claims
against it. Therefore, companies must understand the unemployment
laws in each state in which they operate. They should also be
aware that employees can quit and still collect unemployment. If
an employee resigns because the employer changed working hours or
locations, state officials may deem the termination an
“employer-caused discharge” and approve benefits.
Underperforming workers fired for chronic tardiness or missing
deadlines could successfully argue that they did their best and
did not try to let down the firm. Unless the employer can prove
the worker was intentionally doing a bad job, the worker will
likely be eligible for benefits. Ideally, termination should be
based on something other than “poor performance,” such
as “deliberate and willful misconduct.” Employers need
to document that they tried to retain the worker by offering
counseling and issuing warnings.
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