You fight an unemployment claim up front. You fight an unemployment claim with documentation.
It’s a classic case of prior planning, prevents a poor product. Generally, somebody can file unemployment if they’re fired without cause. And, the burden of proof is going to be on the employer to prove cause.
That’s where you need documentation, because if you’re documenting things, if you’re documenting problems with the employee, particularly if you’re having them sign it like a letter of reprimand, then you’ve got a record. If not, it’s a swearing match. And not all these hearing examiners with the unemployment commissions are exactly friendly to employers.
There’s an old saying to a man with a hammer, the whole world needs a pounding. Well, a lot of these guys or women with the unemployment commission thinks that employers need a pounding. You don’t want to be in that position.
So, the trick is to document it. And that means if you do think you have an employee that you’re going to need to terminate, start papering it up. And we’d love to help show you how it’s not that hard of a deal to do. Doesn’t have to be fancy, but that can be the difference between your unemployment rating skyrocketing or staying right where you want it to be.