Let’s clear some things up. Specifically, about your attendance policy. Did you know that your attendance policy can protect you against absenteeism issues or in the case of a claim? Meaning, that a clearly written policy can help your employees understand what is expected of them even if they have a cold, have hit traffic on their way to work, or just need some unexpected time off.
To start with, it’s good to know that the unemployment insurance system is set up in such a way that the Claimant will usually get unemployment insurance benefits unless the employer effectively protests the claim. So, you will need to be able to back yourself up when it comes time to protest that claim.
This is where your attendance policy comes in. We want to let you know that your attendance policy can become your best friend and your best defense when it comes to protesting an unemployment insurance claim. As it is, absenteeism issues are some of the hardest to protest when it comes to unemployment insurance.
To have the best chance of winning a claim, keep in mind these four key things:
- Be detail oriented. Many times, an employer can lose attendance related protest because they haven’t paid much attention to their attendance policy. To help, set and define the rules as clearly as possible when it comes to no call/no shows so that there are no questions about what your policy is.” For example, make it clear that your policy states that this kind of absence is considered a voluntary quit.
- Don’t be vague. Any wiggle room in your attendance policy could come back to haunt you later. So, put in the effort to clearly describe any definitions in your attendance policy or any actions your employees need to take to inform you about absences. Similarly, make the consequences of absences crystal clear so that your employees don’t end up abusing your policy, or worse, protesting it.
- Give Clear Directions. Try to focus on the actions your employees should take. You can do this by stating how and when they need to notify you of an absence or tardy. That way, in a protest you can demonstrate that an employee failed to properly notify you. You will have a better chance of winning your case, especially if the employee tries to claim that their absence was beyond their control. The goal is that you can show, without any shadow of a doubt, that you let an employee go because of your employee’s failure to follow your attendance policy.
- Do Your Due Diligence. Finally, be sure to write a detailed and accurate protest letter. You’ll see that you will be asked to write down the basic facts of the case. A good way to comply here is by writing “see attached letter here.” Then, be sure to attach a detailed, easy to understand, and accurate letter on your company letterhead. Include the dates, times, locations, witness names, and facts that will help back up your protest.
We understand that any UI claim can be a daunting task. However, now you can begin to use these tips to help win any protest related to your attendance policy For any other questions, feel free to contact us!