Unemployment hearings are by their nature confrontational. Witnesses must give factual details on separations and the burden of proving misconduct is on the employer. A trained representative can assure that your best case is put on the record. At Personnel Planners, all hearing representatives are well trained ABA approved certificated paralegals with years of experience.
As of October 2013, new requirements have come into play for responding to an unemployment claim. A new federal law, under section 252 of the Trade Adjustment Assistance Extension Act of 2011, requires all states to enforce a new standard – responses to all unemployment claims must be timely and adequate. At Personnel Planners we are 100% compliant with the new regulation through our integration with the State Information Data Exchange System (SIDES).
Our clients’ HR departments leverage the client portal for their internal reporting. Management groups and multi-entity organizations gain access to live dashboards summarizing all their unemployment claim data, on a per entity basis. At Personnel Planners we make an effort to provide the best possible customer experience, including adding custom reporting to the portal to meet our clients’ needs.
While automation can be great when it comes to internal processes, we believe that to provide a truly great unemployment cost control service, our clients should expect and receive personal attention. When you call us, you will not talk to a machine or have to listen to all options, instead you’ll get a pleasant voice willing to provide you with assistance regarding any Chicago based unemployment insurance matter.
Our claims management system was built from the ground up with the latest industry requirements at its core. Payroll providers and PEO’s find our service level and technological capabilities to be very attractive when deciding on how to handle their clients’ unemployment insurance matters. Based in Chicago, Personnel Planners provides flexible options for partnerships.
Over the years Personnel Planners has grown to become a national provider of unemployment cost control services, with clients in all 50 states. As we are now on the State Information Data Exchange System (SIDES) with nearly all available state agencies, our task of administrating claims nationally has become more streamlined and our expertise has grown from our home base in Illinois to encompass all state agencies in the United States.
True or False?
Quiz-summary
0 of 25 questions completed
Questions:
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- 12
- 13
- 14
- 15
- 16
- 17
- 18
- 19
- 20
- 21
- 22
- 23
- 24
- 25
Information
1
You have already completed the quiz before. Hence you can not start it again.
Quiz is loading...
You must sign in or sign up to start the quiz.
You have to finish following quiz, to start this quiz:
Results
0 of 25 questions answered correctly
Time has elapsed
Categories
- Not categorized 0%
-
2
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- 12
- 13
- 14
- 15
- 16
- 17
- 18
- 19
- 20
- 21
- 22
- 23
- 24
- 25
- Answered
- Review
-
Question 1 of 25
1. Question
A discharge due to an employee’s personal inability to do the work will lead to denial of unemployment benefits.
Correct
If the employee was working to the best of their ability then the employee was terminated through no fault of their own and benefits will be allowed.
Incorrect
If the employee was working to the best of their ability then the employee was terminated through no fault of their own and benefits will be allowed.
-
Question 2 of 25
2. Question
A discharge due to poor performance will lead to denial of unemployment benefits.
Correct
Failure to meet performance expectations by itself is not a reason for denying benefits . An employer cannot win a pure poor performance case. Poor performance is when an employee is terminated due to no deliberate fault of their own making; the employee was working to the best of their ability. Please note: employers commonly give poor performance as the reason for a discharge when they really mean misconduct. Poor performance means that the employee didn’t do anything wrong. Misconduct means the employee should have known and done better. Mislabeling terminations is perhaps the most common error that employers make when separating employees. Focus instead on what happened at the time of separation and let the unemployment office judge whether it was poor performance or misconduct!
Incorrect
Failure to meet performance expectations by itself is not a reason for denying benefits . An employer cannot win a pure poor performance case. Poor performance is when an employee is terminated due to no deliberate fault of their own making; the employee was working to the best of their ability. Please note: employers commonly give poor performance as the reason for a discharge when they really mean misconduct. Poor performance means that the employee didn’t do anything wrong. Misconduct means the employee should have known and done better. Mislabeling terminations is perhaps the most common error that employers make when separating employees. Focus instead on what happened at the time of separation and let the unemployment office judge whether it was poor performance or misconduct!
-
Question 3 of 25
3. Question
An employer must follow the company handbook to the letter in order to terminate a person properly and ensure that any future unemployment claim would be denied.
Correct
While it is best to follow company protocol when disciplining employees, the unemployment system does not determine eligibility for unemployment benefits based solely on the employer’s policy. The unemployment system could find the policy is unreasonable. Or they could determine that the individual should be denied benefits under the misconduct standard even when the disciplinary protocols of the employer’s handbook were not followed.
Incorrect
While it is best to follow company protocol when disciplining employees, the unemployment system does not determine eligibility for unemployment benefits based solely on the employer’s policy. The unemployment system could find the policy is unreasonable. Or they could determine that the individual should be denied benefits under the misconduct standard even when the disciplinary protocols of the employer’s handbook were not followed.
-
Question 4 of 25
4. Question
When a person voluntarily quits they are unable to collect unemployment benefits.
Correct
An individual is ineligible for benefits for weeks in which he or she has left work voluntarily without good cause attributable to the employer.
Incorrect
An individual is ineligible for benefits for weeks in which he or she has left work voluntarily without good cause attributable to the employer.
-
Question 5 of 25
5. Question
In a discharge case, a deliberate and willful violation of a reasonable rule or policy is required for an individual to be denied unemployment benefits.
Correct
In most states, the standard for denying unemployment benefits in a discharge case is misconduct. In Illinois misconduct is defined as “the deliberate and willful violation of a reasonable rule or policy of the employing unit, governing the individual’s behavior in performance of his work, provided such violation has harmed the employing unit or other employees or has been repeated by the individual despite a warning or other explicit instruction from the employing unit.”
Incorrect
In most states, the standard for denying unemployment benefits in a discharge case is misconduct. In Illinois misconduct is defined as “the deliberate and willful violation of a reasonable rule or policy of the employing unit, governing the individual’s behavior in performance of his work, provided such violation has harmed the employing unit or other employees or has been repeated by the individual despite a warning or other explicit instruction from the employing unit.”
-
Question 6 of 25
6. Question
Discharging a person for poor attendance will always lead to denial of unemployment benefits.
Correct
Many case of poor attendance will lead to denial of benefits. However the unemployment system focuses primarily on the final event that lead to termination. For example, if the employee called off of work because of illness, the judge at an unemployment hearing will most likely rule that the claimant’s actions were not willful and deliberate and therefore not misconduct. Of course, employees may claim to be ill when they are not and if the employer can prove that the claimant is lying, the judge will not rule in the employee’s favor. After suspending employees for absenteeism, employers should consider requiring doctors’ notes for further absences.
Incorrect
Many case of poor attendance will lead to denial of benefits. However the unemployment system focuses primarily on the final event that lead to termination. For example, if the employee called off of work because of illness, the judge at an unemployment hearing will most likely rule that the claimant’s actions were not willful and deliberate and therefore not misconduct. Of course, employees may claim to be ill when they are not and if the employer can prove that the claimant is lying, the judge will not rule in the employee’s favor. After suspending employees for absenteeism, employers should consider requiring doctors’ notes for further absences.
-
Question 7 of 25
7. Question
A person who has been laid off is able to collect unemployment benefits.
Correct
The unemployment system is a fault system and being laid off is not the claimant’s fault. In fact the intention of the unemployment system is to provide benefits when people have been laid off.
Incorrect
The unemployment system is a fault system and being laid off is not the claimant’s fault. In fact the intention of the unemployment system is to provide benefits when people have been laid off.
-
Question 8 of 25
8. Question
Seasonal workers are eligible for unemployment benefits when laid off.
Correct
When an employee is not earning wages through no fault of their own, the employee can collect benefits. Even when an employee is active in the employer’s system, if there are no earnings because of a seasonal layoff, the employee is eligible for unemployment benefits. An exception would be certain workers, especially teachers and athletes, between academic semesters or sport seasons.
Incorrect
When an employee is not earning wages through no fault of their own, the employee can collect benefits. Even when an employee is active in the employer’s system, if there are no earnings because of a seasonal layoff, the employee is eligible for unemployment benefits. An exception would be certain workers, especially teachers and athletes, between academic semesters or sport seasons.
-
Question 9 of 25
9. Question
When a person quits due to a hostile work environment, they may collect unemployment benefits.
Correct
The general rule is that when someone voluntarily quits, the individual is unable to collect benefits. However, if the working conditions are not what as they were agreed upon at the time of hire or if they become hostile, causing the claimant to quit, the employer is viewed as responsible. The unemployment system views this as a separation attributable to the employer, therefore benefits would be awarded.
Incorrect
The general rule is that when someone voluntarily quits, the individual is unable to collect benefits. However, if the working conditions are not what as they were agreed upon at the time of hire or if they become hostile, causing the claimant to quit, the employer is viewed as responsible. The unemployment system views this as a separation attributable to the employer, therefore benefits would be awarded.
-
Question 10 of 25
10. Question
If a person quits due to medical reasons and has a supportive note from a physician, then the employer must always pay for the claimant’s unemployment benefits.
Correct
Some states have a special medical exemption that allows an individual to collect benefits but holds the employer as not chargeable since the physician has placed the claimant in a situation where the claimant is unable to return to work.
Incorrect
Some states have a special medical exemption that allows an individual to collect benefits but holds the employer as not chargeable since the physician has placed the claimant in a situation where the claimant is unable to return to work.
-
Question 11 of 25
11. Question
An employee who is currently working is always unable to collect unemployment benefits.
Correct
When an employee’s hours have been substantially reduced, the employee may be entitled to partial unemployment benefits.
Incorrect
When an employee’s hours have been substantially reduced, the employee may be entitled to partial unemployment benefits.
-
Question 12 of 25
12. Question
If an employee was discharged due to improper behavior towards a supervisor, the employee is more likely to collect benefits if the employee’s improper behavior was in a closed office separate from clients, customers and/or staff members.
Correct
The idea here is an employee has a right to get upset when delivered with upsetting news, especially in a private office. An angry reaction is not always willful or deliberate and not necessarily misconduct.
Incorrect
The idea here is an employee has a right to get upset when delivered with upsetting news, especially in a private office. An angry reaction is not always willful or deliberate and not necessarily misconduct.
-
Question 13 of 25
13. Question
There are egregious acts that can warrant immediate termination without a history of employee warnings and these terminations will lead to a denial of unemployment benefits.
Correct
Some actions are inherently wrong and no warning is needed for a discharge that would result in denial of unemployment benefits. Examples might include, swearing at your supervisor, making racial remarks at work, intentionally starting a fight at work, etc.
Incorrect
Some actions are inherently wrong and no warning is needed for a discharge that would result in denial of unemployment benefits. Examples might include, swearing at your supervisor, making racial remarks at work, intentionally starting a fight at work, etc.
-
Question 14 of 25
14. Question
Terminating and individual for sleeping on the job always leads to a denial of unemployment benefits.
Correct
When an employee is caught sleeping on the job, the employer should consider if the employee intentionally fell asleep. Many judges will forgive falling asleep at one’s desk if the claimant was sick or was working very long hours. The logic here is that the employee did not fall asleep willfully and deliberately. However, if an employee shows signs that he or she nested, then there is a very strong case for denying unemployment benefits. Nesting can mean many different things, such as the employee having a pillow, being found in an unauthorized private area, sitting in a certain position, etc. An employer might consider giving a warning for a first offense.
Incorrect
When an employee is caught sleeping on the job, the employer should consider if the employee intentionally fell asleep. Many judges will forgive falling asleep at one’s desk if the claimant was sick or was working very long hours. The logic here is that the employee did not fall asleep willfully and deliberately. However, if an employee shows signs that he or she nested, then there is a very strong case for denying unemployment benefits. Nesting can mean many different things, such as the employee having a pillow, being found in an unauthorized private area, sitting in a certain position, etc. An employer might consider giving a warning for a first offense.
-
Question 15 of 25
15. Question
Firing and employee for cause guarantees that the employee will not collect unemployment insurance benefits.
Correct
There are many legitimate reasons for firing an employee, but not all reasons rise to the level of misconduct, which is the standard for denying unemployment benefits in most states. Many times employees genuinely do their best and are still not able to meet the expectations set by the employer; such cases fall under performance rather than misconduct.
Incorrect
There are many legitimate reasons for firing an employee, but not all reasons rise to the level of misconduct, which is the standard for denying unemployment benefits in most states. Many times employees genuinely do their best and are still not able to meet the expectations set by the employer; such cases fall under performance rather than misconduct.
-
Question 16 of 25
16. Question
The State UI agencies pay for all unemployment benefits.
Correct
If a former employee is allowed benefits, then the charge is allocated to the employer’s account, increasing the employer’s unemploymet payroll tax rate. This results in the employer generally paying significantly more than what is collected by their past employees. Non-profit organizations are treated differently, and instead pay a direct sum equalling what has been collected against them.
Incorrect
If a former employee is allowed benefits, then the charge is allocated to the employer’s account, increasing the employer’s unemploymet payroll tax rate. This results in the employer generally paying significantly more than what is collected by their past employees. Non-profit organizations are treated differently, and instead pay a direct sum equalling what has been collected against them.
-
Question 17 of 25
17. Question
In discharge cases, the UI agencies almost always focus on whether or not a final incident at work rises to the level of misconduct.
Correct
The state agencies want to know what the last straw was that led to the discharge. So take note, it is always best to terminate for something specific that happened at the end of employment.
Incorrect
The state agencies want to know what the last straw was that led to the discharge. So take note, it is always best to terminate for something specific that happened at the end of employment.
-
Question 18 of 25
18. Question
If an employer knows of an employee’s misconduct which merits termination and plans on firing the employee for it, then it is a bad idea in terms of the unemployment system, to delay terminating the employee until a replacement can be found.
Correct
It is best to terminate an employee close in time to the final incident. If the employer delays the termination, he or she is saying that the harm the employee did was not so serious as to warrant immediate termination. It weakens the employer’s misconduct case significantly.
Incorrect
It is best to terminate an employee close in time to the final incident. If the employer delays the termination, he or she is saying that the harm the employee did was not so serious as to warrant immediate termination. It weakens the employer’s misconduct case significantly.
-
Question 19 of 25
19. Question
Terminating an employee for being incompetent will lead to denial of unemployment benefits.
Correct
Being incompetent is not an intentional act. To be denied benefits, an employee needs to willfully and deliberately violate a known and reasonable rule.
Incorrect
Being incompetent is not an intentional act. To be denied benefits, an employee needs to willfully and deliberately violate a known and reasonable rule.
-
Question 20 of 25
20. Question
Employees have a right to unemployment benefits regardless of the reason for their separation from work.
Correct
The unemployment system is a “fault” system. If an employee is no longer at work through no fault of their own, then they are entitled to benefits. If a claimant was terminated for misconduct or left work voluntarily, then they are at fault for being unemployed and should generally be denied benefits.
Incorrect
The unemployment system is a “fault” system. If an employee is no longer at work through no fault of their own, then they are entitled to benefits. If a claimant was terminated for misconduct or left work voluntarily, then they are at fault for being unemployed and should generally be denied benefits.
-
Question 21 of 25
21. Question
Unemployment claims have strict deadlines on when the employer can respond.
Correct
Each state has their own rules for when claims are due, but generally it is a little over a week from notice date on the claim. Timely and complete responses to claims are required. Personnel Planners receives most claims electonically, affording our clients more time to respond.
Incorrect
Each state has their own rules for when claims are due, but generally it is a little over a week from notice date on the claim. Timely and complete responses to claims are required. Personnel Planners receives most claims electonically, affording our clients more time to respond.
-
Question 22 of 25
22. Question
Every employer pays the same unemployment tax rate regardless of the benefits collected against the company.
Correct
The more benefits that are being collected against an employer the higher the tax rate will be, and the more money an employer will have to pay.
Incorrect
The more benefits that are being collected against an employer the higher the tax rate will be, and the more money an employer will have to pay.
-
Question 23 of 25
23. Question
Even when an employer accelerates an employee’s resignation, the employee is still ineligible for benefits.
Correct
It is a best practice for an employer to allow an employee to work through their notice period, provided it is reasonable in length. If the employer accelerates an employee’s resignation, the agency might think that the employer no longer has continuous work available for the employee.
Incorrect
It is a best practice for an employer to allow an employee to work through their notice period, provided it is reasonable in length. If the employer accelerates an employee’s resignation, the agency might think that the employer no longer has continuous work available for the employee.
-
Question 24 of 25
24. Question
When an employer receives a determination from the State regarding an employee’s eligibility for benefits, that determination is the ultimate decision.
Correct
There are several stages in the unemployment claim adjudication process and the process can sometimes take several months.
Incorrect
There are several stages in the unemployment claim adjudication process and the process can sometimes take several months.
-
Question 25 of 25
25. Question
In most states representatives at unemployment hearings must be attorneys.
Correct
While very few states do require attorneys for hearing representation, most states do not. At Personnel Planners, our hearing staff is fully comprised of paralegals who have completed ABA approved post-baccalaureate certificate programs. Our represntatives provide better representation in unemployment hearings than most attorneys and at a much lower cost.
Incorrect
While very few states do require attorneys for hearing representation, most states do not. At Personnel Planners, our hearing staff is fully comprised of paralegals who have completed ABA approved post-baccalaureate certificate programs. Our represntatives provide better representation in unemployment hearings than most attorneys and at a much lower cost.