Today's Practice: Changing the Business of Medicine National Edition Q1 2018 | Page 68

L E GA L
Contesting Unemployment Benefits
This can certainly make it look like the practice was in
the wrong, and that it was a constructive discharge. That
fuels the discrimination complaint, and does not put the
practice in a good light for the judge or jury. Your Best Response to Employee
Resignation: A Separation Letter and
an Exit Interview Form
Knowing that you should fight the unemployment
eligibility, how do you go about doing that? At unem-
ployment hearings, the only real issue is the reason for
separation from employment. The unemployment office
does not make rulings about other matters – although
they might point the disgruntled employee in the right
direction so that she can pursue another claim, which is
another reason to be there to share your side of the story. Whether you are responding to the unemployment
claim by mail or attending a hearing, you want to
provide documentation of the employee’s departure.
Whenever an employee separates from employment –
by termination, layoff, or resignation – the practice
should be drafting a separation from employment
letter and giving it to the departing employee. This
letter should very briefly state the date and reason for
the separation. It’s usually worthwhile to write your
own confirmation of resignation letter rather than
pushing the employee to write one. That way, the
practice has control over how the resignation is initial-
ly framed in writing.
While at the hearing, or in a written response to the
benefits application, don’t get caught up in details of
disputing everything the employee says. A lot of he-said
she-said back and forth is hard for the unemployment
judge to follow, and the judges don’t like to get caught
up in that. The more on point and clear the employer is,
generally the more success the employer is likely to have.
If the employee is holding fast to a story involving the
practice doing something wrong, you should simply
explain that the employee never brought that to your
attention, and that no one is aware of what she is saying
being true. If you have policies asking employees to
report workplace issues to you, and promising that the
employer won’t retaliate in response, you should bring a
copy of those policies as well. This way, you can show
that if the employee had actual concerns, she could have
and should have brought them to your attention. That
helps call the employee’s claims into question, and
makes it easier for the unemployment office to deny
benefits.
(Note that all employees should have received a copy of
your employee handbook, containing those policies,
and signed their acknowledgment upon hire and when-
ever updates are made. If you haven’t followed these
steps, or if your handbook doesn’t contain policies stipu-
lating that employees must report their concerns and
can do so safely, please give CEDR a call – we can help.)
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Paul Edwards
With this letter, you will want to enclose an exit inter-
view form and a self-addressed stamped envelope,
inviting the employee to send feedback to you. This
packet of material ensures that you have documenta-
tion of the reason for leaving. If the employee doesn’t
send back the exit interview form disputing the reason,
it can go further toward establishing that what is stated
in the letter is correct.
about the author:
Paul Edwards
CEO/Co-Founder
Cedr HR Solutions
Paul Edwards has over 25 years’ experience as a manager and
owner. As CEO and Co-Founder of CEDR HR Solutions, Paul is an
expert in human resources. His employment litigation avoidance
techniques and customized employee handbooks have helped
hundreds of medical offices in all 50 states successfully solve
employee issues. He is also a featured writer for various medical
publications.
TODAY ’ S P R A C T I C E: C H A N G I N G T H E B U S I NES S OF M EDI C I NE