How Do You Manage Your Unemployment Claims?

The Federal-State Unemployment Insurance Program provides financial aid to eligible workers who are unemployed through no fault of their own, as determined under state law. Businesses carry mandatory unemployment insurance to cover the cost of this benefit, and state unemployment tax rates vary depending on past claims against the business. Businesses today are concerned about rising unemployment insurance rates after an influx of claims during an economy which has resulted in eliminated positions and staff cutbacks.

Although laws vary by state, generally employees that quit are not eligible for unemployment benefits, while those who are involuntarily terminated are eligible. Employees may not be eligible if they are discharged for misconduct involving disregard of the employer’s interest, deliberate violation of employer’s known rules, failure to meet normal expectations of behavior or wrongful intent.

There are several ways businesses can proactively protect their unemployment rates.

1. Choose to dispute unemployment claims that you feel are not reasonable or within state law. When missing hearing dates or response deadlines, the state will often favor the claimant.
2. In order to determine which unemployment claims are legitimate, you will have to educate your managerial staff on applicable state and federal laws regarding unemployment benefits. Make clear your processes for unemployment benefits within your company, and identify a human resource staff member to whom they should direct questions. It is expected that the direct manager of the employee in question, in addition to your human resource representative, will sit in on the proceedings of any unemployment disputes. Additionally, first-hand witnesses must be present on telephone hearings in order for your company to have a believable case.
3. Publicize your company policies. You can only prove that employees have broken rules if it is clear the employee is aware of and understands the rules of your company. Create a simple document for each employee to sign that states the employee received and understands the employee handbook. Make sure to get new signatures as the handbook changes over time and as you hire new employees.
4. Document misconduct. It is the employer’s obligation to prove misconduct occurred. Keep record, with employee signature, of any discipline between manager and employee. Keep phone records, copies of e-mails or other items that will serve as supporting evidence. Document issues as they occur so you do not need to rely on memory. Improperly documented or undocumented issues could be considered hearsay and may not support your case.
5. Be consistent when enforcing policies. You will have a difficult time convincing the state that an employee engaged in serious misconduct if another employee exhibited the same behavior without consequence.
6. Inform your employees that termination could be a consequence of certain behaviors. If the employee knows rules and consequences but chooses to act anyway, deliberate violation or disregard can be proved. Your handbook or disciplinary actions should utilize the language “discipline, up to and including discharge”.
7. Terminate the employee within a reasonable time frame. If a significant amount of time passes between the misconduct and the termination, it may be perceived that the misconduct was not the true reason for termination.

Putting these measures in place will make fighting illegitimate unemployment claims simple and will help protect your company’s unemployment insurance rates.

For more information on your state unemployment laws, visit the United State Department of Labor website.

For more information on managing unemployment claims, contact Xenium HR at 503-612-1555 or visit www.xeniumhr.com.

The staff at Xenium HR contributed to this article. It is intended as information only and is not a substitute for legal advice. Xenium HR is a professional employer organization specializing in strategic HR partnership with small and mid-sized businesses.

Trick or Treat: Taking the scariness out of Halloween

(from Barran Liebman eAlert Volume 12, Issue 37 October 26, 2009)

With Halloween upon us, Barran Liebman offers the following advice on hidden landmines that may give rise to legal issues in the workplace:

Costumes: Although it might sound like an innocent idea to permit or encourage employees to wear Halloween costumes to work, there are potential risks:

• Workplace Injuries: Allowing costumes may increase the likelihood of workplace injuries. An employee may trip and fall because his or her costume gets in the way or perhaps run into something or someone because he or she has poor visibility through a mask.
  
• Discrimination/Harassment: An employee's poor judgment may result in a costume that offends co-workers or customers based on the way that the costume portrays...

To read the full article click here.

Oregon Jury Finds That Employer Must Compensate Workers For Donning and Doffing

(From Bullard eAlert Oct. 15, 2009 Wage and Hour Update)

A recent jury verdict serves as a good reminder to employers: where an employer requires employees to don or doff uniforms/protective gear at the place of employment, and the donning/doffing may be an integral and indispensable part of the employee’s principal duties, then the time spent doing that may be compensable. In our newest Bullard Alert we discuss these issues in more detail.

To read the full eAlert click here.

Xenium’s Hot Topic in HR Session for October: The Internet and Social Media – Asset or Liability?

Learn how to maximize your company’s marketing potential and minimize your employer liability in this two-part session.

Part 1: Are you trying to deliver your company's message through the internet and social networking? Find out how to resonate with an invisible audience. Susan Rich, owner of RichWriting Inc., shows you how to organize your thoughts and pick a key message. Together you'll discuss what makes good content -- do's and don'ts to capture your target market's attention. Writing questions are strongly encouraged!

Part 2: How much control do employers have over their employees’ use of the internet and social media? Gain tips and sample policies that will allow you to be proactive in minimizing work-related issues and employment risk.

Who Should Attend?:
Business Owners, Sales and/or Marketing employees writing for the internet, HR practitioners, Managers and Supervisors who communicate and help enforce company policies.

Speakers:
Susan Rich: A business writer, editor, and writing consultant, Susan Rich has a journalism degree and 20+ years experience in print, PR, and marketing. Susan is recognized for her trademark workshop, “Write it Rich! Real-world Writing Tips for Reluctant Writers.”
Molly Kelley: HR Account Rep for Xenium, author and editor.

Date: Thursday, October 22nd

Agenda: Registration 7:30am – 8:00am
Presentation 8:00am – 9:30am

Location:
Xenium’s Training Center
7401 SW Washo Court, Suite 200
Tualatin, OR 97062

Cost:
Xenium Clients: $25 per attendee
Xenium Friends & Guests: $50 per attendee

RSVP today - SPACE IS LIMITED!
To register and pay online please go to www.XeniumHR.com/Training.

Great is the Art of the Beginning, but Greater is the Art of the Ending – Health Care Reform on the Floor of the House and Senate

(From Barran Liebman Electronic Alerts Volume 12, Issue 35 October 13, 2009)

Senator Olympia Snowe of Maine became the first Republican in the United States Senate to support Health Care Reform, although she did it tepidly quoting Longfellow, "Great is the art of the beginning, but greater is the art of the ending." The Senate Finance Committee's vote to approve Health Care Reform clears the final hurdle toward reconciliation and floor debate in both the House and Senate.

Review of the Process

Several bills of healthcare reform have been debated in various committees in both the House and Senate. The complexity of health care reform and the oversight of health care reform in various committees have made the process seem without end. However, as the committee process is over, the process of reconciliation will begin in the House and Senate.

House of Representatives Health Care Reform Reconciliation

The House of Representatives received bills from three committees and have already begun the informal process of reconciliation of the bills. The committees in the House largely provide for an individual mandate to purchase health insurance, an employer mandate to offer health insurance or face an 8% excise tax calculated as a percentage of payroll (over $750,000), and for a public plan option likely tying reimbursement rates to Medicare... (to finish this eAlert, please click here)

Maintaining a Healthy Workplace

By Shelley Johnson

This year’s cold and flu season is nothing to sniff at. With smaller workforces doing more work, employers and employees are counting on having all hands on deck. As flu season approaches companies around the world are taking proactive measures to protect their employees and their business. The common cold can be enough to ripple through the work force from coworker to coworker, without the added concern of serious dangers to high-risk groups that might contract highly contagious swine flu.

What can employees do to prevent the spread of illnesses?

• Wash your hands often with soap and water or use an alcohol-based hand sanitizer, especially after coughing or sneezing.
• When coughing or sneezing, cover your mouth with your arm or use a tissue (versus your hand).
• Routinely clean surfaces and items that are more likely to have frequent hand contact.
• You are encouraged to get a seasonal flu vaccination.
• Avoid contact with others if you feel you are developing flu-like symptoms.
• We will be cross-training staff to perform essential functions to ensure that business operations can continue if a high number of employees are absent due to illness.

Employees experiencing flu-like symptoms are being encouraged by their employers to go home and remain there for at least 24 hours after they are free of fever (100ºF) or signs of a fever, without the use of fever-reducing medicines.

What can employers do to help keep their workforce healthy?

• Communicate preventative measures to employees.
• Provide items to help with preventative measures, such as tissues, hand sanitizer, no touch waste baskets and cleaning solutions for surfaces.
• Encourage employees to get the seasonal flu vaccination and employees at high risk for flu complications to get the 2009 H1N1 flu vaccination when they become available.
• Encourage sick employees at higher risk of complications from flu to contact their health care provider as soon as possible.
• Prepare a policy to supplement the company’s sick leave policy addressing what employees should do if they get the flu virus
• Formulate a plan and prepare for increased employee absences, such as cross-training staff to perform essential functions to ensure that business operations can continue.
• Decide in advance what jobs/work can be performed at home, including an approval process to ensure consistent application and accurate payroll recordkeeping.
• Prepare for the possibility of school dismissals or temporary closures of child care programs. (Please Note: Employees may qualify for Sick Child Leave under OFLA.)
• Develop a communication plan in case of widespread infection in the workplace.

Working together, employees and employers can work to maintain a healthy workplace and a healthy workforce.

Oregon Governor Signs Law requiring AEDs in Public Places effective January 1, 2010

Oregon Company Helps Businesses Face the Challenge of Saving Lives
From Jenée Bader – Paramedic and owner of HeartLINK Health Services

Many businesses are unaware of a new law going into effect on January 1, 2010 requiring the presence of automatic external defibrillators (AEDs) at large facilities where the public gathers.

Senate Bill 556 defines large facilities as over 50,000 square feet, which is roughly one city block – details on the specific law can be found at: www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0556.en.pdf.

While the law requires large facilities to have an AED, it is recommended that businesses have an AED located within three minutes for anyone inside of the building.

To give background on why AEDs are important is because each year over 950,000 Americans die from cardiovascular disease and at least 250,000 Americans die each year from Sudden Cardiac Arrest (SCA) before they reach the hospital. SCA can affect anyone at any age in any physical condition.

Most often SCA is caused by an abnormal heart rhythm called Ventricular Fibrillation or VF. The only treatment for VF is electrical defibrillation, which is provided by an AED. Use of an AED combined with high quality CPR can significantly increase survival rates. Locations that have implemented an AED program that incorporates high quality CPR and delivers the first shock within 3 minutes after collapse reported survival rates as high as 74%. This is compared to only 5% survival rates in areas without an AED program.

Having an AED on-site with trained personnel is critical to program success and can mean the difference between life and death for a colleague, friend or loved one. (Statistics and information used from the American Heart Association AED Implementation guide: www.americanheart.org)

It is recommended that organizations receive training and purchase an AED from a reputable source. HeartLINK Health Services is an Oregon based company that provides a comprehensive AED program including the AED unit, training and ongoing compliance with local and state laws. Training is performed using the American Heart Association guidelines and always incorporates AED use. Call (503) 551-5560 or e-mail jb@heartlinkcpr.com today for more information, schedule a free AED educational presentation or to have a discussion about implementing an AED program into your office.