Fighting Unemployment: Smart or Stupid?
According to the Washington Post, our economic crisis is causing more employers to fight employees’ attempts to obtain unemployment benefits. If unemployment benefits are blocked, employers save money because their unemployment insurance rates are determined by the amount of benefits workers collect. Given the new era of employment litigation we’re entering as a result of our economy (which I recently posted about), an employer’s fight may be more stupid than smart.
I have also previously posted about the sometimes delicate nature of handling unemployment claims, even in good times. Trying to deny an employee unemployment will make the employee extremely angry (and I’d say employees are pretty angry today anyway), and if the attempt is unsuccessful, the employee is more likely to find a lawyer to sue the employer for something else – anything — discrimination, harassment, wrongful discharge, etc.
Generally speaking, an employee is entitled to unemployment unless she voluntarily quit or was terminated for misconduct. Employees who are laid off are entitled to unemployment. But sometimes, particularly in a bad economy, an employer will do a layoff without calling it that. The employer cracks down on poor performance or begins holding employees to a higher standard, thus finding a number of employees to terminate. What the employer may have once called incompetence is now said to be misconduct.
There’s no one-size-fits-all approach to handling unemployment claims. It’s a mistake to fight them all, and it’s a mistake to let an employee who’s engaged in egregious behavior have a pass. Although employers are doing more fighting these days, they still lose two-thirds of the time when they try to prove an employee’s misconduct. When you combine those odds with increasing the chances you’ll get sued for something else by the employee, that doesn’t seem all that smart.
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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Good points, John. It’s something we look at on a case-by-case basis, but we will probably start erring on the side of ‘no protest’. Employers who are still clinging to the “we oppose every claim” strategy are only going to hurt themselves in the long run, and the strategy only serves to make them appear petty and vindictive.
The first rule in considering whether to fight or not comes from how much information you can gather on whether to fight or not. This starts with a competent employment lawyer. Research employment lawyers and find the one that actually has experience in unemployment claims etc… instead of the ones who are just looking for work because the economy is bad and they can read a law book and wing it. Nothing replaces experience and all people regarding all things related to employment law should deal with an employment law firm that has been there before !
I really need help and talking about unemployment attorneys do the cost the unemployed worker? I Live in Dayton Ohio I worked at O’reilly auto parts @ 1933 needmore road Dayton Ohio 45414 for 11 months My job was threatened many times for So Many different reasons I had 3 and sometimes 4 managers over me. Each wanting things done a different was I was accused of leaving the entire store unlocked and leaving. I was demoted written up many times and this is all being called poor job performance!!!! What fool leaves the store unlocked and goes home? They claim to have alot against me it’s over whelming so called evidence
does the attorney charge the unemployed worker I mispelled words in my last reply. they are going to get by without paying me unemployment…read carl Burke and O’reilly auto parts and how they try to keep works from unemployment.
Carl,
Thanks for your comments. Ordinarily, the lawyer who represents an unemployed worker does charge for his/her services. If you can’t afford attorneys fees, there are various legal aid organizations that provide free representation. Also, in light of our economy, there are new lawyer groups in various communities who represent the unemployed free of charge.
Even when I have full knowledge of the facts of a situation (which I don’t have in your case), I’m always reluctant to make a prediction about unemployment benefits. It depends on what the witnesses say, how they say it, and how it’s interpreted by the hearing officer or referee.
John
i have been fight unemployment for over a year and now the say its gonna take three months to give me a answer but i was laid off and i do have a witness that my supervisor told her they had to let me go and unemployment is screwing me over by not sending me my paper work and i need help i worked at rinker/cemex before they bought them out i first claimed my weeks on 11/24/2008 and now its 1/15/2010 and i have received nothin yet but a headache so i need help please
I would suggest that you call the local bar association and see if it has a referral service that can connect you with a lawyer familiar with handling this kind of situation. Another alternative would be contacting a Legal Aid organization in your community.
ya well i contacted a company that haldes nothing but unemployment claims and i faxed them over my paper work and some how or another the never received my paper work witch is a crock but i just got off the phone with unemployment took me over a half hour to get to talk to someone and at first they said it would take 6 to 8 weeks to give a answer witch i was told they had already looked over the paper work and now i was told it will take 3months to say f*****cking yes or noooo but mean while i cant find a job or pay my bill or file taxes cuz these dumb f*cks can just do there jobs in a timely Mainer
I would still try to get in touch with a lawyer who handles unemployment claims.
i was contacted from the unemployment appeals office Monday January 25 and i have been fighting the cuz they keep messing up my address and they call me and asked if i was notified of the hearing and i said no they have my old address from a year ago but all the paper work that tells me to claim my weeks come to my address were i live what kind of questions should i ask when they send me the new date of the appeal and since they messed up what can i do about there screw up????
Try to find a lawyer where you’re located who handles unemployment claims — or contact the Legal Aid office in your area.
jason
swiftj89@hotmail.com | 65.32.199.143
if i win my unemployment appeal will i get all the money from 11-24-08 till now 2-7-10?
From Fighting Unemployment: Smart or Stupid?, 2010/02/07 at 8:58 PM
John Phillips
JPhillips@millermartin.com | 71.226.180.212
Sorry, but I have no idea.
From Fighting Unemployment: Smart or Stupid?, 2010/02/07 at 11:49 PM
jason
swiftj89@hotmail.com | 65.32.199.143
thanks for ur help and another question is there any questions i should ask the company when i have my appeal on 2/12/10 cuz i contacted a lawyer and the said they cant help on short notice so im on my own but the company laid me off but they r saying i quit but i didnt so is there anything i can ask the company to be on the safe side when i have my appeal?
From Fighting Unemployment: Smart or Stupid?, 2010/02/08 at 3:41 AM
John Phillips
JPhillips@millermartin.com | 71.226.180.212
Jason, I’m sorry, but I don’t know enough about this to answer your question. Also, I don’t give legal advice on this blog. I don’t know if you qualify for legal aid, but if you do, I would try contacting one of their lawyers. I would also call the local bar association and see if they can put you in touch with another lawyer who can do something on short notice.
From Fighting Unemployment: Smart or Stupid?, 2010/02/08 at 9:30 AM
joey
swiftj89@hotmail.com | 65.32.199.143
is it job abandonment if i kept in contact with my employer for the time period that i wasn’t working
From Fighting Unemployment: Smart or Stupid?, 2010/02/12 at 1:23 PM
John Phillips
JPhillips@millermartin.com | 71.226.180.212
Probably depends on your state law (both statutory and case law), your employer’s policies, and what you and your employer can prove.
From Fighting Unemployment: Smart or Stupid?, 2010/02/12 at 7:26 PM
joey
swiftj89@hotmail.com | 65.32.199.143
well i had the appeal and they said that i abandon my job but i proved that i was keeping them informed of my situation and my boss told me the company had to let me go and didnt give a reason but then he said my last day was 10/6/08 but my last check was 10/31/08 and im in Florida so idk im just worried that the appeal referee is gonna favor the company again thanks for ur time and help
From Fighting Unemployment: Smart or Stupid?, 2010/02/12 at 8:26 PM
jason
swiftj89@hotmail.com | 65.32.199.143
hey i just had my appeal and the company said that i quit/abandon my job on 10-6-08 but my last check say pay period threw 10-19-08 to 10-25-08 post day 10-30-08 does that show that the company lied on record and do i have any grounds to get unemplyment? and i cant get help unless i pay 250 to a lawyer witch i dont have thanks for any help
From Fighting Unemployment: Smart or Stupid?, 2010/02/20 at 12:21 PM
John Phillips
JPhillips@millermartin.com | 71.226.180.212
If there is a Legal Aid office where you live and if you qualify for legal aid, you should be able to find a lawyer there who could represent you further without cost. I’m not sure what the procedure is where you live, but in Tennessee, for example, once the unemployment administrative process is over, you can file suit in circuit or chancery court to contest the denial of your claim. You can file suit yourself without a lawyer within a specified period of time. Usually, someone in the court clerk’s office will assist you in filing a complaint. Also, there might be some type of employee advocacy group in your community that could help you.
From Fighting Unemployment: Smart or Stupid?, 2010/02/20 at 3:52 PM