According to Roofing Contractor Magazine, “The costs generated by excessive unemployment claims is an issue of particular concern for most employers.” One of the only surefire ways to combat these expenses is by contesting unemployment benefits claims, but doing so on your own can be tricky. How can you be certain that your contest has a high-percentage chance of succeeding? And when is contesting a bonafide waste of time? Our Orlando construction attorneys started to answer these questions in part one of this three-part series, and we’ll continue to discuss it in detail throughout parts two and three.
When You Should Refrain From Contesting
Determining whether or not you should contest can be difficult without professional advice. How can you be certain that you have grounds to contest an application for benefits? Will your contest be worth the time and effort you have to put into it? Was the applicant fired or laid off for business reasons? These are all important questions to ask yourself before you contest a claim.
Typically, if you have to lay off employees because you’re downsizing or require a reduction in force to maintain profitability, you’re going to have a tough time contesting an application for unemployment benefits. Additionally, if your employment contract stipulates a forfeiture of your ability to contest unemployment benefits as part of a severance agreement, you can’t change your mind at the last minute. This would be a clear violation of your employment contract, which could lead to even bigger problems down the road.
Contest With Caution: Angry Ex-Employees Can Be Volatile
If the main goal of contesting unemployment claims is to save money on tax rates, you need to be certain that your attempts to contest aren’t actually costing you more money than you would save if successful. Employees that have been fired are oftentimes motivated by their anger. Even if their termination was warranted, they will likely feel that you are the cause of their problem and come at you with everything they’ve got. If they discover that you are attempting to block their unemployment benefits, the situation will only grow uglier. They may seek out a lawyer for assistance, and you should do the same, more specifically, you should seek out the help of an Orlando construction attorney.
Claims of Unlawful Discriminatory Motives
One way that a worker you fired for a justified reason may attempt to circumvent your contest is by falsely claiming that their termination was the result of unlawful discriminatory motives. Basically, they’ll claim that your decision was based solely on their race, gender, age, disability, or other protected status. Even if this isn’t true, it’s a tricky situation to navigate without the assistance of an Orlando construction attorney. The Equal Employment Opportunity Commission (EEOC) has an open door policy with discrimination charges, which often results in a “right to sue” letter permitting the plaintiff to sue their employer within 90 days. You want to avoid this at all costs.
Don’t forget to read part three for more information on disqualification from unemployment benefits, contesting a claim, and appealing an award of benefits.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.