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When an employee must be terminated, many county officials are concerned about whether unemployment compensation should be paid, but the mysteries of the unemployment system can be intimidating to those who have not passed that way before.
In a recent newsletter, a number of questions were addressed by the firm of R. E. Harrington, which provides services to many counties through the Texas Association of Counties Unemployment Compensation Fund.
When an unemployment hearing is scheduled, how much advanced notice will I receive?
Texas law provides that employers will get 10 days' advance notice of unemployment hearings. In the case of the Texas Association of Counties Unemployment Compensation Fund, Harrington is the agent and it is the firm's policy to contact the county within 24 hours of receipt of a hearing notice to advise that a date and time has been established, as well as to discuss the case. Due to the short window of opportunity, counties that receive a hearing notice directly from the state, and Harrington is not listed as being copied on the notice, should contact Harrington's unemployment hearings department immediately at (614) 470-7254 to inform them of the hearing.
Will I need to attend the hearing?
Occasionally a hearing is scheduled that involves an issue which does not require the employer's attendance. However, the majority of unemployment hearings involve gaining disqualification due to the claimant's reason for separation. For these types of hearings it will always be necessary for the employer's first-hand witness(es) to attend and testify. During telephone counseling, Harrington's hearing representative will identify the appropriate witness(es) who will need to attend and make recommendations regarding the appropriate documentation which will need to be taken to the hearing. Harrington cannot attend the hearing in place of the employer as only first-hand testimony will be considered by the hearing officer.
Will someone from Harrington attend the hearing with Fund members?
During the in-depth telephone counseling process, Harrington's hearing representative will be able to determine the complexity of the case at hand. Many cases will involve relatively simple issues which can be successfully managed through expert preparation of the employer witness(es). Other cases will involve more complex issues and a representative will be provided to assist in presenting the county's position in order to gain a favorable decision from the referee. In addition, should a county's witness be either inexperienced in attending unemployment hearings or be uncomfortable managing a particular situation, representation may be requested.
Is the hearing the final step in the unemployment compensation claims process?
No. An adverse decision, resulting from an unemployment hearing, may be appealed to the Board of Review/ Commission level. The majority of these appeals are decided by the Board/Commission following a review of previous testimony and without conducting an additional hearing. Should another hearing be scheduled, the purpose would be to clarify previous testimony or documentation, not to present new evidence. Unfavorable Board of Review/Commission decisions can also be appealed; however, they must be challenged by your legal department in a civil court outside the unemployment appeals administrative process.
Counties that do not contract through the Texas Association of Counties for the services of R. E. Harrington should contact their own unemployment contracting agent to determine local procedures.