The Impact of UI Claims- Part I

Wondering what kind of impact unemployment claims will have on your nonprofit in 2013? Trying to decide if staffing changes will make a difference in your budget? Well, we’ve got answers!

What Will the Unemployment Office Look at When Determining the Eligibility and Cost of a Claim?

The Type of Employer your Organization Is. A few nonprofits are not required to pay unemployment claims under IRS tax code 501(c)(3). But if you have employed four or more individuals in some portion of a day in each of twenty different calendar weeks, in either the current or preceding calendar year, you must pay into the unemployment system, and your employees are eligible for benefits. Regardless of whether you are exempt or not, it is highly encouraged because it provides financial security to your employees should they lose their job through no fault of their own. If your organization is required to pay (or reimburse) the state for unemployment claims, the unemployment office will continue examining the claim to determine the eligibility of your former employee.

The Type of Employee Involved. Not all employee types qualify to collect unemployment benefits. For example, part-time workers or independent contractors may not qualify for unemployment benefits. However, if an employee is misclassified or other errors occur during the claims review process your organization may be held responsible for benefits paid to the former employee.

The Number of Places the Employee Has Worked. If a former employee worked for several employers within the base period*, the charge to your organization—and the effect it will have on your taxes—may be less because it would be split among all of the employers identified in the base period claim.

The Length of Time the Employee Worked at your Organization. The longer an employee has worked at your organization, the more likely it is that your agency will shoulder the brunt (and eventually all) of the base period claim effects.

The Nature of the Employee Separation. Whenever a new benefits claim is filed, the unemployment office determines whether or not a former employee meets eligibility requirements to collect benefits under state law. In some cases, the unemployment office may determine to provide benefits to an employee you don’t think should collect based on the nature of the separating event, and your organization is able to contest these at an unemployment hearing. Proper documentation is crucial to winning the case so you must be prepared, and some nonprofit trusts like UST will even provide you with a case representative to help you with court cases. (Nonprofits who used a hearing representative had a 72.3% win rate compared to 57.4% for employers who did not**).

It is important to note however that not all employers are subject to paying unemployment taxes and some, like 501(c)(3) organizations with 10 or more employees, have alternative cost saving options available to them that can help reduce the price of unemployment at their organization. To find out if a better option exists for your organization, contact us at info@chooseUST.org or request a complimentary Savings Evaluation today.

Want more information? Send us your questions on Twitter, LinkedIn and Facebook!

Missed a Part? Read Part I here. Read Part II here.

* Base period claims are those in which a claim form is sent to EACH employer for which the claimant worked during his base period (usually the first four of the last five completed calendar quarters immediately preceding the beginning of a claimant’s benefit year). So if your former employee is hired for only a short duration by another employer, you both may liable for a portion of their benefits.

** Source: Equifax Workforce Solutions

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12/17/12 6:46 PM

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Privacy Policy and Terms of Use

UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.

Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.

UST may collect generic information about overall website traffic, and use other analytical information and tools to help us improve our website and provide the best possible information and service. As you browse UST’s website, cookies may also be placed on your computer so that we can better understand what information our visitors are most interested in, and to help direct you to other relevant information. These cookies do not collect personal information such as your name, email, postal address or phone number. To opt out of some of these cookies, click here. If you are a Twitter user, and prefer not to have Twitter ad content tailored to you, learn more here.

Further, our website may contain links to other sites. Anytime you connect to another website, their respective privacy policy will apply and UST is not responsible for the privacy practices of others.

This Privacy Policy and the Terms of Use for our site is subject to change.