Once the employer receives notice that a former employee, called a claimant, has filed a claim for unemployment benefits, commonly referred to as unemployment compensation.
At the Law Office of Kenneth P. Carp, we know how critical the it is that the employer provides the right information with its protest. Often third-party actuarial firms and employers fail to provide the specific information required to show intentional misconduct as defined by the courts instead of a policy violation. When an employee quits, the employer often relies on the resignation and nothing more.
Attorney Kenneth Carp can help you provide the right information with your protest. Specific information on the final incident — the straw that broke the camel’s back — needs to be focused and identify how that incident was willful and how the employee knew his or her actions would result in termination. The legal standard of willful or intentional misconduct is tougher than a policy violation. A common employer’s mistake is to state that the company has a no-fault policy attendance policy and believes that an attendance points’ violation is enough to result in a denial of unemployment benefits when it is not.
A Quit and Unemployment
Protesting an unemployment claim based on the claimant’s quitting requires more than providing the state with a resignation letter or a policy that states a failure to show up to work is job abandonment. Employees can quit and still get benefits. Stating that an employee quit in lieu of termination almost guarantees a decision in the claimant’s favor. A quit places the burden on the former employee to prove the quit was attributable to the employer. At the Law Office of Kenneth P. Carp, we understand the laws regarding a quit and how the law is applied.
The Law Office of Kenneth P. Carp Makes a Difference
Our staff can help you with protesting a claim for benefits or provide in-house training to your human relations professionals and those responsible for protesting and handling unemployment claims and taxes to put them in a better position to control your unemployment costs. Our “Continuity of Care” program is the cornerstone of our partnership with you. Unlike third-party actuarial firms such as Talx and Corporate Cost, we are here to partner with you in a relationship where we build upon experiences – never treating a single issue or claim in isolation of others.
The Right Law Firm for Unemployment
Contact us and learn how we can help you control your unemployment costs through partnering with the Law Office P. of Kenneth Carp.