unemplogo.jpg (50480 bytes) The Division of Unemployment Insurance serves workers who are unemployed through no fault of their own by providing temporary income maintenance during their period of unemployment and making referrals to re-employment services.

The Division also serves employers by ensuring that only those unemployed individuals meeting all eligibility criteria receive UI benefits, thereby protecting future increases in employer tax rates and the solvency of Delaware’s UI Trust Fund.
EMPLOYER PARTICIPATION IN THE CONTROL OF UNEMPLOYMENT INSURANCE
COSTS
  1. General Precautions

    2. We depend on you, the employer, to supply us with information necessary to process claims promptly and efficiently. You can aid us greatly by maintaining the required employee records in the form in which they will be used by the Department. Guidelines on the proper method of record keeping are provided in this handbook.

    It is your responsibility to provide prompt and accurate information to insure that only those claimants meeting the necessary eligibility requirements will receive benefits. This action will avoid unnecessary charges to your account. In addition, without your testimony at an appeals hearing, there is only the employee's account of the separation to guide the Appeals Referee or the Unemployment Insurance Appeal Board in making a determination.

    You can make this process more efficient by documenting employee actions which lead to termination for cause and by having the employee sign it. In the case of a firing, the burden of proof is on the employer to show that it was for just cause.

    You should also clearly state the policies of your business regarding acceptable employee behavior in writing and give each employee a copy to avoid misunderstanding.

    You can help control costs by notifying the appropriate local unemployment insurance office immediately when you think an individual doesn't qualify for benefits, i.e. you have offered suitable reemployment which is refused.

    Remember that unemployment insurance benefits are provided to employees from your tax dollars.

  2. What the Employer Can Do to Avoid Costly Mistakes

    3. One way to protect your rights is to maintain proper records on all employees and to document any violation of rules and regulations. For example:

    1. All employees should be made aware of company rules and regulations. It is best to give them a written copy of these rules and ask them to sign a copy to be placed in their personnel file. It should be stated to the employee that disregard of company rules could result in disciplinary action or discharge.

    2. Unless an offense is so great that the employee is to be immediately dismissed and unless the employee is aware that committing such an offense is cause for immediate dismissal, a warning should be given and the employee allowed another chance.

      1. Verbal and Written Warnings.

        1. When a supervisor speaks with an employee about any phase of his work which is unsatisfactory, a documentation of the verbal warning should be made for the personnel file.

        2. If the employee has disobeyed one of the specified company rules, a written warning should be issued:

          1. The offense should be listed along with the observer's remarks about the incident.

          2. The employee should be given space to state his version of the incident.

          3. The employee should be asked to sign the form, if only to acknowledge that he has been warned, whether or not he agrees with the warnings.

      2. If a written warning notice is required by a union contract, a copy should be sent to the union, via certified mail, with a return receipt requested. The employee should be provided a copy as required.

  3. Discharge for "Just Cause" Connected with the Work

    1. Be certain employees to be discharged are aware of the company rule which was broken.

    2. Be certain that the employee was warned that his actions might result in discharge.

    3. After several warnings or suspension, document the reason for the discharge. If possible, the employee should sign a form acknowledging the reasons for discharge.

    4. Indicate on the "Separation Notice" (Forms UC-119/UC-119C) as specifically as possible, the reason for discharge.

    5. If an employee is guilty of a willful or wanton disregard of the last employer's interest, deliberate violation of the employer's rules, disregard of the standards of behavior which an employer has the right to expect, or gross negligence in the performance of duties, and is discharged, this termination of employment may be considered for "just cause connected with the work" and result in a disqualification for benefits (Abex v. Todd, Delaware Superior Court, 1967).

      6. The key words here are "willful" and/or "wanton". Legal precedent states that, "'Misconduct', as used in unemployment compensation statutes does not mean mere inefficiency, unsatisfactory conduct or failure of performance as a result of inability or incapacity, inadvertence in isolated instances or good faith errors of judgment" (Starkey v. Unemployment Insurance Appeal Board, Delaware Superior Court, 1975).

  4. Voluntary Quit

    5. An individual will be disqualified for benefits after leaving work voluntarily without good cause attributable to such work. The burden of proof for a voluntary quit is on the employee to show "good cause" attributable to such work for voluntarily terminating employment.