“What Type of Documentation Should I Collect?”
This is a question we get a lot from our members and the answer depends on the type of separation. Please refer to the below as a guideline for the appropriate documentation to collect to help ensure accurate distribution of unemployment benefits.
Voluntary Quit, Personal Reasons: Last day actually worked, length of notice, reason for resigning, written resignation letter, exit interview form signed by employee.
Voluntary Quit / Job Abandonment (no call, no show, walked off job, etc.): Last day worked, copy of work schedule and attendance policy, record of prior absences and warnings on attendance, final incident which caused employee to walk off the job.
Discharge / Insubordination (violation company policy, falsification of application, reporting to work under the influence of drugs or alcohol, failing a drug test): Last day worked, account of final incident, prior incidents and warnings, copy of company policy, copy of employee receipt of company policy, copy of investigative reports, drug test results, chain of custody form (if applicable).
Failure to return from Leave of Absence, Voluntary: Written documents stating beginning and ending dates of leave, copy of specific “reporting in” requirements during leave, record of attempts by employer to find out why employee did not return, effective date (if other than last day worked).
Retirement, Voluntary: Last day actually worked, effective date (if other than last day worked), resignation letter, amount of retirement benefit.
Refusal of Work: Date of job offer, person who offered the job, how the job was offered (phone, e-mail, etc.), claimant’s response, specific start date, end date (if applicable), rate of pay, brief job description, estimated hours of work/day.
Voluntary Quit, Job Related (dissatisfied with hours, salary, working conditions, supervisor): Last day actually worked, length of notice, resignation letter, record of prior discussions with employee concerning their dissatisfaction, record of employer efforts to retain employee.
Discharge (Willful destruction of property, falsification of company records, unauthorized removal of company property, dishonesty, absenteeism, mishandling of company documents or funds, inappropriate personal appearance, off the job misconduct affecting job performance): Last day worked, detailed account of final incident, copy of company policy, copy of prior incident details and warnings, copy of employee receipt of company policy, copy of any investigative reports. For theft or mismanagement of funds – quality of documentation must be strong as if to support filing criminal charges, for off the job misconduct – must show direct link to job.
Voluntary Quit or Discharge (Discrimination/Harassment): Detail of events leading to last day worked, copy of prior complaints, suggested remedies and actions taken.
Discharge (Poor Work Performance, Not Qualified for the Job, Poor Judgment, Lack of Technical Knowledge): Last day worked, documents showing prior experience or training in job function, recent performance evaluations, copies of counseling sessions/performance improvement plans, prior similar incidents/written warnings, copy of job description, copy of application/resume, if poor judgment – detailed account of final incident and any prior warnings.
Discharge, Customer Abuse: Firsthand witnesses to the alleged abusive action/dialog, detailed account of specific offense, copy of company policy, history of prior complaints, documentation of investigation conducted, copy of any documented response from the employee.
Discharge, Failed Background Check: Copy of application, copy of company policy advising of background check, copy of the results of the background check, job requirements, notice given to applicants that a background check will be performed and the potential consequences should he/she not pass the background check.
If you have questions about the above, please contact us.
The information was provided by our friends at EWS. It is intended as general guidance and is not intended to convey specific tax or legal advice. For a legal opinion, please consult your lawyer.
