STATE UNEMPLOYMENT INSURANCE SERVICE

Transcription

1 Payroll HR Admin & Compliance 401(k) & Employee Benefits Tax Filing & Credits Time & Labor Solutions STATE UNEMPLOYMENT INSURANCE SERVICE State Unemployment Insurance PO Box 2000 Henrietta, NY Client Service: ext 66029

2 Welcome to Paychex SUIS Services Welcome to Paychex State Unemployment Insurance Service (SUIS). Paychex SUI Service offers a variety of administrative services, including prompt responses to all unemployment claims, determinations, and benefit audits. We also provide help with appeal hearing preparation and a toll-free support line for quick, accurate answers to your questions. Approximately three to four weeks after the Power of Attorney (POA) and Record of Address (ROA) forms are filed with a specific state, Paychex becomes the Record of Address for your company, which means we will receive the majority of your unemployment mail. Please forward to Paychex any of the fol-lowing: Claims Hearing Notices Rate Assessments Subpoena for witnesses or records to Appeals Charge Statements Voluntary Contribution Notices Verification of Employment be presented at the hearing 1

3 State Regulations Some state regulations create exceptions to our POA and ROA status. Common exceptions include: Arizona, Delaware, Indiana, Missouri, North Carolina, South Carolina, and West Virginia Employers Paychex does not have the authority to file appeals to Determinations of Benefits on your behalf. Paychex will assist you with the appeal and provide you a packet with instructions on how to appeal the decision. California, Oregon, New York, Kentucky, and Pennsylvania Employers Last employer claims (CA-1101CZ*, OR-220*, NY-LO11.1P, KY-UI412*, PA-UC45/45A/785) are mailed to your address, regardless of ROA status. These forms must be faxed to our department for processing at * You must forward these documents to Paychex in a timely manner to avoid the forfeiture of your appeal rights. Florida Employers Effective October 25, 2015, the state of Florida will not accept Power of Attorney (POA)/ Record of Address (ROA) in paper form; the client must assign Paychex as Third Party Administrator (TPA) through the Florida Connect website at Note: To use Paychex State Unemployment Service, you must assign Paychex as TPA for all roles except Manage STC Plan using the name and password received from the Florida DEO. If you have any questions, please contact the state agency at Massachusetts Employers Effective December 7, 2009, the state of Massachusetts will not accept a Power of Attorney (POA)/Record of Address (ROA) in paper form; the client must designate Paychex as the Third Party Administrator (TPA) through the Massachusetts Web site at Note: To use Paychex State Unemployment Insurance Service, you must assign Paychex as the TPA for Benefit Charges Protest Submission and Wage Separation Mailing. If you have any questions, please contact the state agency at Minnesota Employers A POA/ROA is not required; however, the client must designate Paychex as the unemployment agent through the Minnesota Web site at Note: To use Paychex State Unemployment Insurance Service, you must assign Paychex the roles of Benefit Account Update and Submit and Benefits Paid Update and Submit. If you have any questions, please contact the state agency at Tennessee Employers Employers filing 50 or more partial unemployment claims in any week must now use the Automated Partial Claims System (APS) on the Tennessee state Web site at to complete the claims. Employers will be subject to a $50.00 penalty if they are required to use APS, but fail to do so. Paychex does not have the authority to file these claims on behalf of employers. Paychex will send you any mail received from the state that does not pertain to unemployment. For example, some agencies, such as County Child Support, send documents to the business address on file at the unemployment offices. 2

4 How to Change a Policy... The Unemployment Claim Process Separation forms are a valuable part of our service. We recommend that you keep the attached Employee Separation Record as your master copy and make additional photocopies as needed. Each time an employee leaves your service, complete the Employee Separation Record and maintain it in your employee files. This documentation will assist you in providing Paychex with accurate separation information when a claim is filed. Once an employee separates from your company, the unemployment claim process is fairly standard from state to state. When a former employee files a claim for benefits, a notice is sent to the most recent employer, as well as those who employed the individual within a specified one-year period. Most states adhere to the following policy: 1. The claim is sent to Paychex, unless noted in this document, to provide an opportunity to protest the claimant s eligibility for benefits and to question whether the company is liable for charges. When Paychex receives a claim from the state, we will contact you for separation information and supporting documentation. Paychex may respond to the claim on your behalf using the information you have maintained within the Employee Separation Record. The state reviews the protest and makes an initial determination. Paychex will notify you of the state s decision. 2. If either party disagrees with the outcome, an appeal may be filed and a request for an unemployment hearing may be made. The state will gather additional details to decide whether its determination regarding the claim should be affirmed or reversed. Paychex will appeal if the outcome is not in your favor and you instruct us to do so. 3. At the hearing, both sides present their testimonies and evidence to support their cases. The state will either affirm or overturn the initial determination based on the information provided. Once again, either party may appeal if it disagrees with the state s decision. 4. If a second appeal is filed, the state will forward the claim records to the Board of Review to evaluate whether the decision should be reversed. Paychex will file an appeal to the Board of Review if the outcome is not in your favor and you instruct us to do so. If you have any questions about unemployment claims or other related issues, please contact Paychex State Unemployment Services at , extension Representatives are available to assist you Monday through Friday between 8:00 a.m. and 8:00 p.m. ET. 3

5 Paychex Use Only Docket Number State Unemployment Insurance Service Employee Separation Record Complete this form in as much detail as possible and attach copies of all documentation such as warning notices, attendance records, etc., and maintain it in the employee s personnel file. If you need assistance completing this form, call , extension Client Name Office/Client Number Employee Name Social Security Number (last 4 digits) Date of Hire / / Last Date Worked / / Termination Date / / State where wages were reported Reason for Separation: Check the reason that most closely describes the employee s separation. Refer to the back of this form for additional information on how to protect your account based on the separation reason. Lack of Work: Recall Date / / Voluntary: Check reason below. Job Abandonment (three days no call or no show) Personal Reasons Accepted Another Job Discharge: Check reason below and provide details. Unsatisfactory Work Performance (no misconduct) Attendance or Tardiness Violation of Company Policy Provide the date and details of the final incident / / Relocation Dissatisfaction with Hours, Rate of Pay, Working Conditions, etc. Other Falsification of Records Insubordination Other List dates and details of any prior incidents and warnings (attach copies of written warnings). Other: Provide details Upon separation, was the employee paid or will the employee be paid any of the following? Severance Pay Pension Period Covered Holiday Pay Vacation Pay Wages in Lieu of Notice Amount Form completed by Telephone Number ( ) - - Date / / Title Page 1 of 2 HS /08

6 Lack of Work A common non-disqualifying separation that usually results in charges against the employer s account and includes reduction in work hours, completed assignments, plant shutdowns, and per diem work. Voluntary If the claimant establishes he quit with good cause related to work, the state may grant benefits which can be charged to your reserve account. To establish the claimant voluntarily quit without good cause attributable to the employer, or he failed to do everything possible to preserve his job, ensure you can support your position by answering these questions: Was an exit interview conducted? Did the employee submit a written resignation? If so, to whom was the resignation given? Was it signed? Did the employee give a reason for resigning? If so, what was the reason? Was there any change to the employee s job duties, pay, hours, etc.? Had the employee previously expressed any dissatisfaction? If so, with whom was this discussed? Did the employee request a transfer or leave of absence? What actions, if any, were taken by the company to resolve any complaints of the employee? These questions provide a basis for documenting most voluntary resignation situations. However, depending on the employee s exact reason for resigning, additional information may be needed to determine if he quit with good cause. Discharge A discharge is a permanent separation, initiated by the employer, in which the employee does not meet employer expectations either through lack of ability or misconduct. Misconduct is described as a willful or deliberate act the claimant knew, or reasonably should have known, could cause harm to the employer. Discharges for unsatisfactory work performance (no misconduct) are usually charged to the employer s account unless misconduct can be established. To disqualify the employee from receiving benefits, you must establish the employee was discharged with good cause connected to work. If you are unable to establish good cause, the state may award the claimant benefits that can be charged to your reserve account. To ensure you have the information necessary to effectively present your case, answer the following questions: What was the final incident prior to the employee s discharge? What progressive disciplinary steps were taken prior to the employee s discharge (verbal warning, written warning, suspension)? Did the employee sign any written warnings? What was the adverse effect of the misconduct to your business? What is the company policy regarding the reason for discharge? How was the employee made aware of the policy? Did the employee sign an acknowledgement that he received and understood the policy? Was the employee made aware through the company handbook or warnings that his actions could result in discharge? Were there any witnesses to the incidents leading up to the discharge? If so, who? These questions will apply to most discharge situations. However, additional information relating to specific issues may be needed to support your position. Leaves of Absence (code as other ) In most states, an individual may only collect unemployment benefits if he is able, available, and actively seeking suitable work. When an employee is on a leave of absence, he is likely restricting his availability for work and, therefore, would be ineligible for benefits. Some individuals on leave may not be able to work because of physical limitations. While most employees will not be able to collect unemployment benefits during a leave of absence, an individual may be eligible if his job is no longer available at the end of the leave. The state may consider this a layoff and your account can be charged for any unemployment benefits paid. Note: Depending on the state where the claimant has applied for benefits, the above information may not protect your chargeability for unemployment insurance. For state-specific guidelines, contact your State Unemployment Insurance Service specialist. Page 2 of 2 HS /08