Companies need to understand how unemployment insurance works when they terminate an employee so they don't find themselves in the middle of a major lawsuit. The terms of unemployment insurance are not always clear and complicated cases can arise. However, if businesses are able to communicate the rules and regulations to their employers, they may not see as many problems in the future. A few cases have come about in which former employees were denied unemployment insurance and felt as though they were dealt with unlawfully.
A Fulton County School District middle school teacher was recently fired for showing an R-rated movie in class, according to HR BLR. Though the teacher admitted that she knew she needed to get permission from parents before showing the movie, she said she was unaware the movie was rated R and unintentionally broke the rules. The woman was subsequently fired, and though she tried to get unemployment insurance, the hearing officer said that she knew the rules and should have assumed to ask permission beforehand.
However, the decision to deny benefits was reversed in a superior court, awarding the teacher $8,000 in attorney's fees. The Court of Appeals said former employees are not eligible for unemployment insurance if they do not "obey orders, rules or instructions," unless it is determined that they made an effort to perform their responsibilities and simply failed or if the act was unintentional.
Organizations that are looking to stay away from such issues and have a quality unemployment insurance service can benefit by partnering up with an HR compliance solutions company. HR employment termination policies are important for companies to comply with and make sure their former workers understand when terminated. Because they are constantly changing, it is best to stay on top of the latest news and maintain a strong grasp on how to handle employees after they are terminated.
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