• Initial Level
• Appeal Level
• Unemployment Hearing (usually conducted over the telephone)
• Appeal to the Commission (they won’t even touch it unless it’s a precedent-setting opportunity)
• File it into court

In 13 years in HR, I have never seen a former employee file an unemployment claim appeal into court.  I never lose claims, so normally the claimants give up after the hearing level, or the Commission denies their appeal anyway.

But I actually had a former employee call me yesterday and tell me that he intended to file an appeal into court.  My thought – we won at the initial level, we won when he appealed, we won the hearing and the Commission denied his final appeal.  Oh, I forgot to mention that he resigned in writing with notice.  I’m sorry, but that’s not a winner in the unemployment world.  So I told him he’d probably be better served looking for a job.

Him: “That’s fine; I’ll just sit at home and earn unemployment.”

Me: “You can always apply for unemployment.  But you will not win considering these circumstances.”

Him: According to the Office of Unemployment Compensation, blah, blah, blah…

Yes, this guy actually called me with a State unemployment manual in front of him and started quoting from it.  Want to know what happened?

First level determination – we won.

Second level determination – we won.

Hearing level – we won.

Now who’s laughing, bud?  If I’ve said it once, I’ve said it one thousand times – if you know what you’re doing, you will NEVER lose an unemployment claim – no matter what it is filed for.

Oh, by the way, to the attorney who sent me a solicitation letter saying she’d represent my company for $800 per unemployment claim – think again – I don’t need your help.  If you know what you’re doing, it’s a piece of cake.

Anyway, I started thinking about it.  This blog was kind of new when I wrote “Beating the Unemployment Maze – Part I” last August.  I’d encourage you to read it.

Don’t pay an attorney for what you can and should be doing yourself.  It’s amazing as to the cost savings you can obtain by just paying a little attention to this area (worker’s compensation too, for that matter).

Take care.  I’m going to try to be more active on here moving forward.

There is a purpose for receiving unemployment.  But what I’m finding these days is that some employees simply see it as a way out.  They say, “I’ll just sit home and collect unemployment.”

But do you want to know something?  I’ve never lost an unemployment claim or a hearing.  That’s right; in more than 12 years working in HR, I have always won.  Why – I’ve taken the time to understand how the system works and how to protect my company.  I even wrote a plan that once saved a company $200,000 in charges against their unemployment experience.  I was the hero.  Seriously – I still have the plaque they gave me proudly displayed on my desk.

Let me say it bluntly.  If you’re losing claims, you’re not doing what you should be doing.  The only unemployment claim you should ever lose is the one you want to (i.e. you write a severance agreement and agree not to contest it).  Otherwise, you can and should be winning.  Quits, terminations, bizarre circumstances – it doesn’t matter!

We’ll review my easy unemployment checklist next time.  Basically, I’ll tell you what the state and job/family service offices don’t want you to know.