Out of Work and Challenged on Benefits, Too-In Record Numbers, Employers Move to Block Unemployment

[kpete]

Source: Washington Post

Out of Work and Challenged on Benefits, Too
In Record Numbers, Employers Move to Block Unemployment Payouts

By Peter Whoriskey
Washington Post Staff Writer
Thursday, February 12, 2009; Page A01

It's hard enough to lose a job. But for a growing proportion of U.S. workers, the troubles really set in when they apply for unemployment benefits.

More than a quarter of people applying for such claims have their rights to the benefit challenged as employers increasingly act to block payouts to former workers.

The proportion of claims disputed by former employers and state agencies has reached record levels in recent years, according to the Labor Department numbers tallied by the Urban Institute.

Under state and federal laws, employees who are fired for misbehavior or quit voluntarily are ineligible for unemployment compensation. When jobless claims are blocked, employers save money because their unemployment insurance rates are based on the amount of the benefits their workers collect.


Read more: http://www.washingtonpost.com/wp-dyn/content/article/2009/02/11/AR2009021104311.html?hpid=topnews

[Lost in CT]

1. It is becoming very much like SS Disability.

What is even worse is the sheer number of part time, contract workers and self employed that are ineligible right out of the gate.

[47of74]

2. Scum.

That's what these employers are.

[WCGreen]

4. I did HR for a small company. We had people try to claim

Unemployment when they quit, or were caught stealing, stuff like that. The circumstance dictated the response on my part.

Some companies have a standard procedure to challenge any claim.

This is the same with Workers Comp.

They hope people won't challenge them on their claim.

It's in the corporate culture that I have seen developing over the years, since RR really. It's gotten worse, even with Clinton setting the tone.

[47of74]

10. I have no sympathy for companies

Back in 2003 I got very sick and had to go into the hospital for several days. I went into the hospital with a job. I came out without one. The hotel I had been working for tried to challenge my unemployment but the legal aid lawyer and I fought that twice - the first time they won and the second time I won. And I also was able to get them for discrimination too through the human rights department.

So I have no sympathy for these companies who let good people go then all of a sudden claim that the person in question was the worst employee ever.

[WCGreen]

13. Too many company's do just that...

It is one of the reasons I work for myself now.

[christx30]

11. I feel lucky

In the months before the lay offs happened at my job of 12 years, they had people from the Texas Unemployment Commission come into the factory on 3 separate occasions and tell us our rights and responsibilities in order to get compensation. They held job fairs and had the Unemployment people come there too and tell us how to get benefits. There are still some good companies out there, even if they are laying people off. Now I'm in a job where I am making $6 per hour less than I was making at my old job.
If you are a company that lays people off and you fight their unemployment, it's shameful. People that depend on their jobs to feed their families suddenly find themselves out of work and you prevent them from getting money that could mean the difference between rent and homelessness? It is sickening.

[knitter4democracy]

3. Why did we make it all based on the employers anyway?

Is this like health insurance and needs to be nationalized, too?

[Ikonoklast]

People need to read the separation papers shoved in their faces

immediately after being told they are being laid off, let go, made redundunt...lets face it, they're getting fired.

Right after getting gob-smacked by the HR hatchetperson that they lost their job, they are told dire things will happen if they don't sign the paper, and are put under huge pressure to do so, right down to threats of legal action.

Tell them to fuck off, you won't sign a thing without an attorney looking it over, or you just may have signed away any rights to unemployment by unwittingly signing a paper that states you 'voluntarily' left employment.

[Coventina]

5. When I was fired, my employer claimed I "walked off the job"

and I was denied unemployment. I'll never forget or forgive that.

Of course, the state believed the employer, not me.

:mad:

These employers need a severe beating.

[47of74]

14. This one group of scumbags tried that with me

They got their asses handed to them by the state of Iowa for pulling the horseshit they did.

[Delphinus]

6. At my job,

we don't pay unemployment insurance so if I get laid off I'm screwed.

[lurky]

9. I didn't think unemployment insurance was optional.

You shouldn't be screwed just because your employer is negligent. :shrug:

[Delphinus]

18. We're a church.

Churches are exempt.

It certainly raises the moral problem, but no one has yet to address it.

[llmart]

17. Employees do not have to pay into unemployment.......

Your employer is responsible for registering with the UIA.

[krabigirl]

7. When will people have enough?!?!?!?!?!?!

[Tempest]

8. My neighbor was laid off and his employer tried to screw him over

His employer claimed my neighbor was offered his job back, but for only 16 hours a week.

The employer told my neighbor, and several others who were laid off the only reason he was offering them less hours was so they couldn't collect unemployment.

The unemployment office started an investigation and it looks like the employer is getting sued for fraud. They also gave everyone full unemployment benefits.

[Sen. Walter Sobchak]

12. fighting unemployment benefits is just plain stupid

Companies success rate when challenging unemployment benefits, regardless of circumstances is extremely low. Companies also now use third party agents to challenge most unemployment claims - these assholes are basically just paid to harass, obstruct and bullshit in the hopes of at very least intimidating the terminated employee if not successfully block the claim.

No matter what the nature of the termination, trying to fight unemployment benefits is just stupid.

1. As an employer the probability of you winning is very, very low, most companies win only because the person they fired doesn't show up for the hearing.
2. By enflaming the situation you are a lot more likely to get sued (which no matter what the outcome is more expensive than the unemployment claim)
3. When you or your agent bullshit in the challenge - that can be thrown right back in your face in a wrongful termination lawsuit.

The bottom line is that in our rather brutalist society, for many people firing people is their opportunity to live out the ultimate abusive fantasy. They are going to humiliate somebody, they are going to kick them when their down and then their going to kick them again. Its their opportunity to be a "pimp"

[undeterred]

15. Never trust anyone in Human Resources.

They exist to protect the corporation and they treat all separated employees like criminals.

[iafarmer]

16. in my last job

 as dept. head we were instructed to have at least 1 negative
comment at employee evals.and the more the better because that
showed a negative work history and gave the co. leverage to
work with. i couldn't work in those conditions so i didn't
last long.

[No Elephants]

19. The more claims that are filed against an employer, the higher the employer's rate goes. In this

economy, that may be both unfair and counter-productive. Maybe the rate should not go up for people because of layoffs in the last 18 months and for a period of another 18 months.