The individual responsible for filing state unemployment documents at your agency must keep TALX informed by mailing or faxing the following items as appropriate:

1. Copies of face sheets of state quarterly tax returns (quarterly) and the wage detail (employee listing).
2. Any correspondence regarding protests, determinations, penalties, etc.
3. State charge statements that inadvertently come to you after joining the Trust, forward to TALX immediately.

When an Employee Separates Regardless of Reason:

1. Complete the TALX Separation Form, which can be found in your administrative manual. Please call us at (888)249-4788 if you need us to fax you a copy.
2. The form must include the following information:
• Employer name
• Employee name
• Social Security number
• Last date worked
• Reason for separation
• Employer contact name, address, and phone number
3. The form and any supporting documentation (e.g., copies of warnings, letter of resignation, and counseling papers) should be mailed or faxed to TALX immediately upon termination to ensure the appropriate data is available if a claim is received.
4. Lists, including the following information, may be supplied in place of individual documents for mass layoffs and shutdowns(contact your TALX office by telephone to discuss before submitting):
• Employer name
• Employee name
• Social security number
• Last date worked
• Reason for separation
• Payments for severance, holiday, vacation, etc.

These forms are very important and need to be completed accurately and clearly.  Forms should be completed and forwarded to TALX within 24 hours of the employee’s separation.  Many employers make the separation notice a standard part of the employee termination/separation package.  Unemployment claims have time limits on protests.  If we have not received a separation notice and documentation backup or cannot read the forms clearly, you reduce the chances of successfully appealing claims and minimizing your unemployment costs.

Send to the appropriate TALX office for your state.

Documenting Involuntary Separations

An involuntary separation occurs when employment ends due to the agency’s actions.  Therefore, it is extremely important that documentation exists to support the separation issues. 

Lack of Work (Layoffs)

Lack of work is simply a temporary or permanent decrease in the agency’s labor force.  Separations resulting from lack of work are not disqualifying but should be documented and include the following:

• Employer name
• Employee name
• Social security number
• Last date worked

Conditions, which may result in lack of work, include:

• Reduction in work force
• Job elimination
• Reorganization
• End of temporary or seasonal employment
• Location closing

Discharge for Misconduct

Misconduct is a deliberate disregard of reasonable policies and behavior standards established by the employer. If deliberate misconduct is proven by the employer, the separation should result in a disqualification of the claim.  Carelessness and/or negligence in connection with work showing deliberate disregard for the employer’s interests is also considered misconduct.  There are isolated incidents of inefficiency, carelessness, or “good faith” judgment errors that are not considered disqualifying misconduct. Misconduct is defined as follows:

1. A violation of reasonable company rules of which the worker is aware.
2. Failure to follow the employer’s instructions.
3. Absenteeism, if the established policy is not observed.
4. Tardiness, if the established policy is not observed.
5. Altercations with fellow employees.
6. Insubordination.
7. Appearing on the job under the influence of intoxicants or drugs.
8. Habitual carelessness or negligence.
9. Off-duty misconduct that materially affects the employee’s job performance

Documenting Voluntary Separations

Voluntary separation issues occur when employment ends at the request of the employee and should result in a disqualification of unemployment benefits unless the employee can show “good cause.”  The specific reason for the separation should be recorded in a separation document.

Common Voluntary Separations

Reasons for voluntary separations:

1. Accepting other employment
2. Job abandonment
3. Walking off the job
4. Relocation
5. Job dissatisfaction due to:
• Working hours
• Salary
• Working Conditions
• Supervisor
• Performance review
• Returning to school
• Non-job-related personal reasons
• Family obligations

Always include the following information with the record of a voluntary resignation:

1. The actual last date the employee worked
2. The length of notice the employee gave to terminate employment
3. Full disclosure of the reason the employee gave for resignation.  If no reason or notice was given, document the record appropriately
4. Written resignation from the employee when possible

If the employee requests the leave, it is considered a voluntary leave of absence and the employee is generally disqualified from benefits.  If the employer mandates a leave and the employee is separated through no recognizable fault, the employee will receive benefits.

Reasons for leaves of absence:

1. Personal
2. Illness or maternity
3. Military
4. Family obligations
5. School
6. Injuries

Documentation of a leave of absence should include:

1. A specific beginning and ending date for the employee’s benefit and your records when you grant a leave of absence.  An unspecified period of absence could result in a claim determination allowing benefits.
2. Any changes to the original terms of the leave of absence agreement should be formally noted in the personnel file.
3. Documentation should specify whether the leave of absence was paid or unpaid.

Eligibility for benefits involving retirement issues depends upon the specific circumstances of the retirement and the state laws.

Reasons for Retirement

1. Voluntary
2. Contractual
3. Involuntary
4. Disabled

Documentation of a retirement should include

1. The type of retirement taking place
2. Beginning retirement date
3. The amount of retirement benefits

Offering work to former employees is an accepted method of avoiding charges for unemployment compensation benefits.  If the work is rejected, and the state agency recognizes that the job that is offered is “suitable”, the state agency generally declares the claimant unavailable for work and ineligible for benefits.

When a separation or monetary issue is disputed, all states provide for an administrative hearing before a referee or administrative law judge.  Agency participation in the proceeding is almost always required to provide firsthand testimony, which will ensure that the employer’s position is fully considered in the final ruling.  When you receive a hearing notice by mail, either call or fax TALX.

Counseling and Preparation

TALX will notify you of any hearings.  Prior to the hearing, the TALX hearing staff will review all the available information and suggest a strategy for presenting your case.

To prepare for the hearing:

1. Review the claimant’s personnel file
2. Copy relevant documents for presentation at the hearing
3. Determine who has firsthand knowledge of the events surrounding the separation and arrange for the employee’s participation at the hearing
4. Follow any further instructions provided by your TALX representative

Failure to appear at a scheduled hearing will result in a $500 charge to the agency.

You will receive quarterly claim reports from TALX reflecting your Agency’s claims activity, only if there is activity.  You should expect to receive the report 2 to 3 months after the claim has been made.

Understanding the topics of discipline, discharge, proper documentation and hearing preparation is key to reducing claims costs. The Unemployment Services Trust and TALX Employer Services are excited to offer UST member agencies a new web-based educational resource on these topics for your HR staff/managers who are involved with employee separations: TALX Learning Solutions. These courses are available 24/7 and are free to UST participants. A link to this service is provided in the Members Only section of this site.