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Unemployment eligibility, military leave, unfreezing pay: what types of terminations and furloughs usually result in employees collecting unemployment benefits? And what can we do to ensure that only those who genuinely qualify collect benefits?

Publication: HRMagazine
Publication Date: 01-OCT-09
Format: Online
Delivery: Immediate Online Access

Article Excerpt
It is important to understand that unemployment benefits are administered at the state level. As a result, a situation that might qualify a worker for benefits in one state may not qualify a similarly situated worker for benefits in another state.

Further, unemployment claims are decided on a case-by-case basis by state agency officials. Therefore, similar terminations or furloughs may yield different results for the claimants, even within the same state.

Nonetheless, there are some generalities that can help employers know whether a terminated employee will be able to collect unemployment insurance benefits.

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Voluntary terminations usually will not qualify a worker to collect unemployment. To protect from claims by workers who have voluntarily terminated, an employer should attempt to get signed letters of voluntary termination from workers who choose to leave. In the absence of a signed letter of resignation, employers can document the resignation as closely as possible to shore up defenses.

Job abandonment is generally considered to be voluntary termination. As a result,...

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