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In Illinois and Missouri, an employee fired without cause is eligible for unemployment insurance compensation. This is paid out of the employer's contributions to an unemployment compensation fund. In those situations where it is just to avoid the burden of unemployment compensation, make sure you establish a documented case that the employee was fired for misconduct or other violation of policy. There is no other way to stand a chance at the Unemployment hearing.
Clear Written and Signed Policies
Make sure that you have a clear written statement of expectations, responsibilities, rules and procedures. If your policies are not clear, you will have a very difficult time proving misconduct or cause.
Document "All" Violations
It is extremely important to document violations of work rules and policies right away after they occur. You might give a verbal warning as the first step depending on what happened. Keep notes of any meeting. Depending on the severity of the violation a written warning is the next step. Have the employee sign a copy of the warning. If the employee refuses to sign document the refusal. If the employee is insubordinate during this process that may be an additional cause.
Termination for Cause or Misconduct Meeting
Follow these steps to make the termination process more professional and less stressful:
1. Draft a termination letter explaining the reasons for termination. Keep it simple and refer only to past violations of company policy.
2. Have a witness present.
3. Keep the meeting short and to the point. Do not engage in debate.
4. Have the employee turn over any keys or passes immediately.
5. Give the employee a few minutes to collect any personal effects from his or her work area. Make sure this time is monitored. Have the employee leave immediately after collecting personal effects.
6. Change passwords, security codes and door locks immediately.
Dealing with the Unemployment Claim Process
Your ex-employee has a right to file for unemployment and will do so irregardless of cause or misconduct. You will be responsible for unemployment costs if you don't establish misconduct or cause and in some cases even if you do carry your burden. Make sure that you respond promptly to any inquiries from the unemployment office. This is where having clear written policies, documented violations of the policies and a termination letter signed by the employee are essential to give you any chance at all of a fair shake. With all the proper documentation you stand a chance of not being responsible for paying for your ex-employee's unemployment insurance in the event of misconduct.
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