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HomeMy WebLinkAbout044 - Unemployment Compensation • ADMINISTRATIVE ORDER NO . 44 L ' 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 . 3 -