HomeMy WebLinkAbout044 - Unemployment Compensation • ADMINISTRATIVE ORDER NO . 44
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TO : All Departments March 21 , 1984
FROM : Lee Kraft , City Manager
SUBJECT : UNEMPLOYMENT COMPENSATION BENEFITS .
I . PURPOSE .
The payment of unemployment compensation benefits has
severely impacted the budgets of several city departments .
The purpose of this administrative order is to establish
a procedure for the handling of notices from the Employment
Security Department regarding claims for unemployment
compensation benefits . The expected benefits of the
procedure are the avoidance of payment of benefits to
past employees who are not eligible for the benefits
claimed and to ensure that all replies and notices to
the Employment Security Department are timely filed so
that the City does not lose any rights in the administrative
process surrounding claims for unemployment compensation
benefits .
II . REASONS FOR DISQUALIFICATION FOR BENEFITS OTHER THAN
WORK REQUIREMENTS .
Each department head should be aware of the -following
reasons which make a former employee not eligible for
unemnl. ovment benefits :
A . Leaving work voluntarily without good cause . Good
cause can only be based upon work connected factors .
RCW 50 . 20 . 050 . When a person leaves work voluuntarily
because of *_ heir marital status or domestic resoonsibili -
ties , they are subject to a limited disqualification .
B . Discharge from employment due to misconduct , whether
or not the misconduct constitutes a crime .
RCW 50 . 20 . 060 .
C . Misrepresentation to the Employment Security Department
in making application for benefits . This includes
the failure to report a material fact on a claims
application . RCW 50 . 20 . 070 .
D . Disqualification for refusal to work . This means
that if the former employee is offered suitable
work but refuses to accept it , his benefits car. be
shut off .
E . Attending school . Instruction of twelve ( 12 ) or
morn hours per week is required for disqualification .
• III . TERMINATION OF EMPLOYMENT - RECOMMENDED PROCEDURES_
It is extremely important that the personnel supervisor
have a record of the reason for each employee termination ,
including discharge . A department head should have
an employee sign a written or typed statement giving
the reason or reasons for the employee ' s termination .
This signed statement should go in the employee ' s personnel
file .
Department heads should be mindful that in letting an
employee quit rather than be fired for misconduct , may
result in eligibility for unemployment compensation benefits
that the employee would not otherwise be entitled to .
Decisions to let an employee quit rather than be fired ,
should not be made by the department head but by the
City Manager .
IV . PROCEDURE ON NOTIFICATION OF CLAIM FOR BENEFITS .
The Employment Security Department will send to the City
a NOTICE TO EMPLOYER when a claim for unemployment benefits
is filed . The NOTICE TO EMPLOYER contains the essential
information furnished to the Employment Security Department
by the claimant for determination of eligibility for
unemployment benefits .
A . The original of the NOTICE TO EMPLOYER is to go
directly to the Personnel Supervisor .
B . A copy of the :NOTICE TO EMPLOYER goes to :
1 . The appropriate department head .
2 . The City Manager .
C . Responsibilities .
1 . Personnel Supervisor .
( a ) Complete the " Employer ' s Statement of
Claimant ' s Separation " portion of the
NOTICE TO EMPLOYER form .
( b ) Determine in conjunction with the appropriate
department head , if a more detailed written
statement should be provided to the Employ -
ment Security Department and / or if a city
representative should be present at the
Employment Security Department interview
of the claimant . Check the appropriate
bo,ces on the NOTICE TO EMPLOYER form .
• ( c ) Sign and return the NOTICE TO EMPLOYER
form no later than ten ( 10 ) days from
the " Date of report " given on the front
page of the NOTICE TO EMPLOYER .
( d ) Retain copy of NOTICE TO EMPLOYER in employee ' s
personnel file .
2 . Department Head .
( a ) Review information on NOTICE TO EMPLOYER
form for accuracy .
( b ) Notify Personnel Supervisor within three
( 3 ) days of receiving the NOTICE TO EMPLOYER
of the accuracy of the information furnished
and of any recommendations regarding providing
the Employment Security Department with
further detailed information or of a desire
to be present at the claimant ' s Employment
Security Department interview .
V . PROCEDURE ON NOTIFICATION OF DETERMINATION OF ELIGIBILITY /
NONELIGTBILITY .
The Employment Security Department will complete a DETERMINA-
TION NOTICE when their claim review process is completed .
The City will receive a copy of this notice .
A . The original DETERMINATION NOTICE is to go directly
to the Personnel Supervisor .
B . A copy of the DETERMINATION NOTICE is to go to :
1 . The appropriate department head .
? . The City Manager .
C . If the determination is that the claimant is ineligible
for benefits , no further city action is- necessary
unless an appeal by the claimant is made .
d . If the determination is that the claimant is eligible
for benefits , then :
1 . If the department head recommends and the City
Manager concurs with the determination , then
no further action is taken .
2 . If the department head disagrees with the determina -
tion and the City Manager concurs , then an
appeal shall be prepared by the City Attorney
and must be filed within ten ( 10 ) days of the
Citv ' s receipt of the. DETERMINATION NOTICE .
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