1. How To Win an Unemployment Insurance Appeal
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
How To Win an Unemployment Insurance Appeal
Dustin Stohler

2. Dustin Stohler Why are we here? The Law Office of
The Unemployment Insurance Law Firm
Why are we here?
To put money back in your pockets.
Employers pay for improper charges caused by:
Claimant fraud and mistake;
Government error;
Lack of education for employers.

3. Dustin Stohler What should you do? The Law Office of
The Unemployment Insurance Law Firm
What should you do?
Audit your account to remove improper charges and identify mistakes you are making;
Take steps to prevent part time, intermittent, and seasonal employees from drawing;
Track your claims to ensure that improper charges don’t appear on your account;
Educate yourself and your managers on the practices you should implement now to win claims by terminated employees.
Question unfair charges.

4. Dustin Stohler Taxes The Law Office of How are tax rates calculated?
The Unemployment Insurance Law Firm
Taxes
How are tax rates calculated?
Which benefits are charged to my account?
Benefits charged proportionately to base period employers.
An employer could be in a base period for up to 2.5 years.
Should not be charged for disqualifying events.

5. Dustin Stohler Taxes The Law Office of How much will my taxes change?
The Unemployment Insurance Law Firm
Taxes
How much will my taxes change?
- Highest rate: $390 to $969 per employee
- Lowest rate: $82.50 to $71.25 per employee
If you aren’t at the highest or lowest rate, your taxes will go up in 2011 and 2012, but will approximately equal the benefits charged to your account over time. .

6. Dustin Stohler Benefits
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Benefits
Eligible claimants can currently qualify to receive:
Up to 26 weeks of Regular UI
Up to 73 weeks of Federally funded UI
Eligible Hoosiers can receive up to 99 weeks of benefits

7. Dustin Stohler Eligibility The Law Office of
The Unemployment Insurance Law Firm
Eligibility
Claimants are eligible for benefits if they:
are unemployed through “no fault of their own”;
are able and available for full-time work; and
are actively seeking full-time work.

8. Dustin Stohler Unemployed The Law Office of
The Unemployment Insurance Law Firm
Unemployed
Claimants are unemployed if:
they receive no wages or benefits for the week; or
the employee’s regular hours have been reduced due to a lack of work.

9. Dustin Stohler Unemployed The Law Office of
The Unemployment Insurance Law Firm
Unemployed
A claimant is NOT unemployed:
if he reduce his hours (sick, vacation, etc);
when he is working his regular schedule;
when agreed to be unemployed during the period;
during a seasonal employer’s off season;
between terms.

10. Dustin Stohler Unemployed The Law Office of
The Unemployment Insurance Law Firm
Unemployed
Track the charges to your account.
Expect pushback from the department.
Don’t accept answers that seem unfair.

11. Dustin Stohler Winning your claim The Law Office of
The Unemployment Insurance Law Firm
Winning your claim
You don’t have to pay for benefits if the Claimant:
- voluntarily quit; or
- was discharged for cause, BUT
YOU have to prove the separation was voluntary or for cause.

12. Dustin Stohler Discharge for Cause The Law Office of
The Unemployment Insurance Law Firm
Discharge for Cause
        (1) resume fraud;         (2) rule violation;         (3) poor attendance;         (4) willfully damaging the employer's property;         (5) insubordination;         (6) reporting to work under the influence of alcohol or drugs or consuming alcohol or drugs on employer's premises during working hours;         (7) endangering safety of self or coworkers; or         (8) incarceration in jail following conviction or for any breach of duty in connection with work.

13. Dustin Stohler Rule Violation
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Rule Violation
You CAN fire employees for violating your policies, but you must show:
There was a policy;
The employee violated the policy;
The employee knew about the policy;
The policy was reasonable; AND
The policy was uniformly enforced.

14. Dustin Stohler Rule Violation STEP 1: HAVE A POLICY Get a hand book.
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Rule Violation
STEP 1: HAVE A POLICY
Get a hand book.
Have it reviewed by a professional.
Follow it.

15. Dustin Stohler Rule Violation TRAIN employees on your policies
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Rule Violation
TRAIN employees on your policies
Document the training
Keep it in the employee’s file
Get the employee’s signature!
Don’t violate any policy you have issued.

16. Dustin Stohler Rule Violation
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Rule Violation
DOCUMENT the reasons for the termination.
Document any progressive discipline, INCLUDING verbal warnings.
Document any investigation that occurred such as witness statements, police reports, and any other evidence of the wrong doing.
Document any warning to employee that his job is in jeopardy.
GET A SIGNATURE!

17. Dustin Stohler Voluntary Quits
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Voluntary Quits
If an employee quits, he is ineligible UNLESS he shows he had just cause for quitting.
Problem: Claimants often deny they quit.
Claimant must express an intent to quit.
If the judge finds claimant was terminated, you have no evidence of just cause.

18. Dustin Stohler Voluntary Quits DOCUMENTING QUITS - Misunderstandings:
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Voluntary Quits
DOCUMENTING QUITS - Misunderstandings:
The no show
The altercation
SOLUTION: Document what occurred and ask them to contact you if they disagree.

19. Dustin Stohler Voluntary Quits The Harassee The Law Office of
The Unemployment Insurance Law Firm
Voluntary Quits
The Harassee
Show he didn’t follow the reporting structure.
Show that alleged harassment was reasonable discipline, not harassment
What was said?
Did you violate the rule?
Was anyone else treated differently?

20. Dustin Stohler Voluntary Quits Unilateral Changes The Law Office of
The Unemployment Insurance Law Firm
Voluntary Quits
Unilateral Changes
Show that there was no change in terms (job description, employment agreement); or
Show that the employee agreed to the changes ( chain, letter documenting meeting, etc.)

21. Dustin Stohler Voluntary Quits Non-disqualifying reasons:
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Voluntary Quits
Non-disqualifying reasons:
Left for other work
Left to follow spouse (not charged)
Domestic violence (not charged)

22. Dustin Stohler Defending the Claim Levels of review: Adjudication
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Defending the Claim
Levels of review:
Adjudication
Appeals
Review Board
Court of Appeals

23. Dustin Stohler Defending the Claim
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Defending the Claim
Respond ASAP with a brief explanation, contact information, and relevant documents.
Document Checklist:
Policy(s)
Acknowledgement of receipt / training
Evidence of violation (written discipline, warnings, investigation, police reports, termination letters etc.)
Justification for the rule (optional)

24. Dustin Stohler Appeal IMMEDIATELY:
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Appeal
IMMEDIATELY:
Request a copy of the adjudication file.
Fax your participation form to DWD.
Send your evidence to the ALJ and claimant.

25. Dustin Stohler Appeal Prior to the appeal
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Appeal
Prior to the appeal
Review adjudication file – what is claimant alleging? Did he make any relevant admissions?
Gather first hand witnesses
Who witnessed the event
Who investigated the event
HR generally is not a first hand witness

26. Dustin Stohler Appeal PRIOR TO APPEAL: Prepare your witnesses
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Appeal
PRIOR TO APPEAL:
Prepare your witnesses
Explain the process
Explain their role
Review the documents with them
Walk through their story with them – are there any details they need to research?
Impress upon them the importance of telling the truth

27. Dustin Stohler Telephone Hearing Get the call
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Telephone Hearing
Get the call
- Return participation form quickly.
- Provide alternative numbers.
Have evidence ready
- Send documents as soon as possible.
- Explain any delays.

28. Dustin Stohler During the Hearing Direct testimony: The perfect pitch
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
During the Hearing
Direct testimony: The perfect pitch
Claimant was terminated because he violated the policy against _____, attached as exhibit A.
Claimant signed exhibit B acknowledging he had received a copy of this policy on ___.
Claimant had previously received a written warning for violating this policy on ___, attached as exhibit C.
Present evidence of the violation.
Present testimony on reasonableness of the policy.
Be prepared to show that you treat all violations equally.

29. Dustin Stohler Cross Examination
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Cross Examination
Use adjudication file to prepare for hearing
What will claimant’s story be?
What questions or documents?
Use questions to introduce facts claimant left out or show that claimant’s story is implausible.
Ask questions that have short answers.
NEVER ask why.

30. Dustin Stohler Performance The Law Office of
The Unemployment Insurance Law Firm
Performance
Must show that employee chose not to perform.
Consider:
- Is it actually a rule violation or insubordination?
- Can you show that it is the claimant’s choices?
- Recommend possible improvements
- Discipline for failure to implement
- Keep proposals as objective as possible

31. Dustin Stohler Insubordination The Law Office of
The Unemployment Insurance Law Firm
Insubordination
Must show that employee intended to refuse to carry out a reasonable order.
- Failure to do the job is not enough;
- Ambiguities will be construed against you.
What to do?
- Clarify that you are giving the employee a direct order;
- Clarify that refusal could result in termination;
- Confirm that the employee is refusing;
- Confirm the employee’s reason for the refusal.

32. Profanity / Disrespect
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Profanity / Disrespect
Not always just cause for termination.
- Is it insubordination?
- Is it a policy violation?
If not, courts will consider factors such as:
- was it a single incident or a barrage of profanity;
- severity of the language;
- the cause of the outburst;
- was it directed at an individual; and
- who witnessed it.

33. Dustin Stohler Drugs and Alcohol Need to provide:
The Law Office of
Dustin Stohler
The Unemployment Insurance Law Firm
Drugs and Alcohol
Need to provide:
- A signed admission;
- A professional drug test (including chain of custody documents); or
- Document refusal to submit to the test.

34. Dustin Stohler Attendance The Law Office of
The Unemployment Insurance Law Firm
Attendance
No Policy: Poor attendance may be just cause IF the individual doesn’t have an excuse.
Policy: Termination pursuant to the policy is probably just cause, even if the employee has an excuse, but the courts haven’t ruled on recent legislative changes.

35. Dustin Stohler Legislative Update The Law Office of - 50% Penalty
The Unemployment Insurance Law Firm
Legislative Update
- 50% Penalty
Gross misconduct
No fault attendance policies may be just cause
A tax increase to “fix” the trust fund
- FUTA taxes - will increase by .3% until the rate hits 6.2% or the fund is solvent. 

36. Dustin Stohler Questions? The Law Office of Dustin Stohler
The Unemployment Insurance Law Firm
Questions?
Dustin Stohler
(317)