Arizona employers have the right to contest an employee’s claim if he or she is believed to be ineligible. One of the common reasons is that an employee was let go for inappropriate conduct. Here are the steps in contesting an ineligible employee’s unemployment benefits claim in Arizona:
Notification of Claim Filed
The Arizona Department of Economic Security (DES) will send you a “Notice of Claim Filed and Request for Separation Information” or similar notice when a former employee applies for unemployment benefits. This alerts you to the claim and asks you for information on the specifics of the employee’s severance from the company.
Complete and Return the Notice Promptly
You must reply to the notice before the deadline. If you fail to do so, DES may decide the claim solely on the basis of the data supplied by the claimant (your former employee).
You will be notified to explain the circumstances surrounding the employee’s resignation or termination. Support your argument in as much depth and accuracy as you can.
Specific Reasons to Contest
- The employee was fired due to improper behavior at work.
- The employee resigned without providing a valid reason.
- The employee declined tasks at work within his or her job description.
- Other grounds under Arizona law making the employee ineligible to receive benefits.
Documentation
Keep complete records of all activities and decisions made about employment. These will be extremely helpful if the claim is heard.
Documentation may include:
- Written warnings or disciplinary actions
- Employee’s performance evaluations
- Any training or corrective intervention provided
- Termination or resignation letters
- Any other relevant documents
Appeal Decision
If DES concludes that the former employee is qualified for benefits and you disagree, you may appeal the decision. The determination notice should contain instructions on how to file an appeal. Make certain that you file your appeal within the time limit given.
Hearing Process
You will be scheduled for an unemployment hearing right after filing an appeal. There will be an opportunity to present your gathered evidence at the hearing, as well as the claimant. This also involves submitting proof or witness testimony. You must be objective and clear in presenting the circumstances about the termination or resignation.
Adherence to Legal Advice
In cases when the amount in question is significant or the specifics of the termination are complex, consult with an employment or labor attorney. A labor lawyer can walk you through the whole legal process.
The key to successfully contesting a claim is to provide clear, accurate, and well-documented information concerning the employee’s separation. While you have the right to dispute any claim, remember to be truthful and fair in your assessment and actions.