UNEMPLOYMENT CONSULTANTS, INC.
SPECIALISTS IN CONTROLLING EMPLOYER'S
UNEMPLOYMENT TAXES
UNEMPLOYMENT PROGRAM
SHRM
Tuesday, February 12, 2013
AGENDA
• Law Changes Effective 1-1-13
• Claim Forms
Notice of Claim to Chargeable Employer
Notice of Claim to Interested Party
• Discharge Employees and Deny Benefits
• Unemployment Facts
IDES LAW AND RULE CHANGES
• On January 1, 2013 monthly wage reports will
be required to be filed by each employer with
250 employees in Illinois.
• Employers with 100 employees must begin
monthly wage reporting July 1, 2013.
• Employers with 50 employees must begin
filing monthly wage reports January 1, 2014
• Employer with over 25 employees must begin
filing monthly wage reports July 1, 2014.
IDES LAW AND RULE CHANGES
• The monthly and quarterly wage reports must
be filed via taxnet.
• IDES will no longer send a UIC/40 to any
employer in 2013.
• It will be the Employers responsibility to
remember to file monthly and quarterly
reports.
IDES LAW AND RULE CHANGES
• January wage report is due by the last day of
February.
• February wage report is due by the last day of
March
• The quarterly report for March is due the last
day of April.
IDES LAW AND RULE CHANGES
NEW HIRES:
• Currently Employers are required to notify IDES of
any new hires within 20 days of the employment.
• Beginning January 1, 2013 Employers will have to
notify IDES of any individual:
– who is a new hire.
– And any individual RETURNING TO WORK after being
off work for 60 calendar days.
• Notification can be done via IDES website or fax.
IDES LAW AND RULE CHANGES
CLAIM PROTESTS:
• Claim protests need to be complete, detailed
and all documentation must be submitted
with the protest.
• IDES is now in process of writing rules as to
the consequences if the Employer fails to
provide documentation with the initial protest
and benefits are allowed.
IDES LAW AND RULE CHANGES
Here is the information needed to attach to the protest:
• When an Employee is Discharged: letter of
termination, details of final incident, prior warnings for
the past 6 months, copy of policy violated, signature
for the policies, all reports and documents regarding
the final incident.
• When and Employee has resigned: reason for
resignation, letter if provided by the past employee.
• Refusal of work: need date of work offer, date work is
to begin, job title and duties, rate of pay, locations and
hours of the job and reason for the refusal.
IDES LAW AND RULE CHANGES
CONSEQUENCES:
• We have seen wording that would not allow
the Employer to get benefit credit if the
information was not provided with the initial
claim protest.
• For taxing Employers: the credit would not
apply to your account and the benefits paid
would increase the tax rate assigned each
year.
IDES LAW AND RULE CHANGES
CONSEQUENCES:
• Reimbursing Employers: would not receive the
credit - even after IDES has collected the
benefits paid from the employee.
CLAIM FORMS
IDES HAS TWO CLAIM FORMS:
• Notice of claim to chargeable employer
• Notice of claim to interested party
– Timely protests must be issued on either
claim form.
– Right of appeal is based on the first claim sent out
no matter how the chargeable status is listed.
CLAIM FORMS
• If IDES changes the chargeable status on the
interested party claim, the employer will not
get a second chance to protest the separation
issue.
• At least 10% of the Interested Party claims
received in our office are changed to
chargeable status.
CLAIM FORMS
CHARGEABLE CLAIM:
• Protest all issues possible:
– quit, discharged, refused work, off due to leave of
absence, availability for work, pay issues and
chargeability issues.
• Attach all documents relating to the issues
protested.
– Such as, termination letters, written warnings,
resignation letters and leave of absences.
CLAIM FORMS
INTERESTED PARTY CLAIM:
• This form is sent out to all employers from the
beginning of the base period to date filed for
benefits.
• Protect your right:
– Protest the reason for separation.
• No need to send all the documentation.
• If the employer becomes chargeable, pull file and
send all the documents as additional information.
DISCHARGE AN EMPLOYEE AND DENY
BENEFITS
TO ESTABLISH MISCONDUCT WE MUST ESTABLISH:
• The FINAL INCIDENT warranted a DELIBERATE AND WILLFUL
VIOLATION of a known Employer policy
• Warnings, suspensions, or termination must take place immediately
after the incident. To act immediately, we suggest you suspend the
Employee pending an investigation. All suspensions must be in
writing and have a beginning and ending dates. Suspensions are
usually two to three working days, no more than 7 days.
• Explain and submit a copy of the policy or rule that was violated.
• The FINAL INCIDENT affected the Individual’s behavior at work.
• What harm or potential harm did the Employer or Employees suffer.
• Submit copies of Employer warning policy and prior warnings.
DISCHARGE AN EMPLOYEE AND DENY
BENEFITS
DOCUMENTATION OF WARNINGS, SUSPENSIONS AND
TERMINATIONS SHOULD INCLUDE THE FOLLOWING:
• List Employer rule or policy.
• List the violation of the rule or policy. Do not use
statements such as, attitude, poor work, or lack of
performance.
• If you list insubordination as the issue, you must
explain the details of the insubordinate behavior.
• Time and date of the violation.
• Get witness statements.
DISCHARGE AN EMPLOYEE AND DENY
BENEFITS
• State facts of violation. Do not make general statements,
personal comments or bring in additional issues.
• Document Employee’s reason for the rule or policy
violation.
• For the warning to be used, the Employee must have seen
the written warning.
• Give the Employee an opportunity to read, sign, and make
comments on the document.
• If the Employee refuses to read, sign or make comments
have a witness sign the form that the Employee refused to
sign the form.
• Do not write in the Employee’s comments section.
ATTENDANCE ISSUES
Discharging employees for attendance issues:
• Failure to call in properly
• Failure to call at all
• The employee was warned and told he/she must
have documentation for future absences and
tardiness.
• Failure to document the reason for absence or
tardy, provided there is a policy requiring
documentation for absence and tardiness.
PERFORMANCE ISSUES
PERFORMANCE ISSUES:
• Discharge employees for failure to follow a
policy or direct order.
• Do not discharge an employee for what they
did not do over a period of days weeks or
months.
• When the employer uses the word work
performance, if the claimant states he/she did
the best they could, benefits will be allowed.
UNEMPLOYMENT FACTS
2013 TAX RATES:
Minimum Tax Rate: .550%
Maximum Tax Rate: 8.950%
Taxable Wage Base for 2013:
$12,900.00
UNEMPLOYMENT FACTS
2013 MAXIMUM WEEKLY BENEFIT AMOUNTS:
•
•
•
•
Single no dependents:
Married, non-working spouse:
Dependent child:
Minimum benefits:
$413.00
$492.00
$562.00
$ 51.00
UNEMPLOYMENT FACTS
PROTEST TIME LIMITS:
•
•
•
•
•
CLAIM PROTEST LIMIT: 10 Days
APPEAL FROM LOCAL OFFICE DECISION: 30 Days
APPEAL FROM A HEARING DECISION: 30 Days
APPEAL FROM BOARD OF REVIEW DECISION: 35 Days
BENEFIT CHARGE PROTEST:
– TAXING EMPLOYER: 45 Days
– REIMBURSING EMPLOYER: 20 Days
• TAX RATE PROTEST: 15 Days
THANK YOU
Thank you for the opportunity to speak with you today. We specialize in
handling unemployment issues for Employers.
UNEMPLOYMENT CONSULTANTS, INC.
847 670 0590