I need advice on firing two employees!

June 3, 2008 2:07 PM

I need to terminate two employees this week...

I need to terminate two employees this week (in the US, Illinois) do I need to contact the Unemployment Administration and let them know, or do I wait until the employees file and assume that I will be notified?

posted by anonymous to work & money (8 comments total)

I believe they opt to file Unemployment Insurance. You will be notified when they make their claim.
posted by timmins at 2:17 PM on June 3, 2008

I am not an employment lawyer, but I used to deal with all the unemployment claims in NY (for a temp agency, so there were a few).

They file for unemployment, which will then contact you and ask you to provide them with information. It's something like, when did they work for you, how much did they make, why did they leave, do you want to hire them again?

Fill it out ASAP. DO NOT guess. If you don't know the numbers, ask the company that does your payroll/your accountant.

If you want to be nice, you can tell them that they should file for unemployment immediately, and point them here.
posted by sondrialiac at 2:23 PM on June 3, 2008

The IDES's Fast Facts for Employers (pdf) asks employers on page 21 to notify them ahead of time if the employer is planning a significant layoff, but doesn't make any other mention that I could find in a quick scan of notifying them of firings. I have also never heard of anyone doing that in my state. There are numbers in that pamphlet to call with questions, and this seems like one that they could clear up for you with 100% accuracy pretty quickly.
posted by ND¢ at 2:29 PM on June 3, 2008

Call the State of Illinois Employment Bureau and ask.
posted by theora55 at 2:43 PM on June 3, 2008

Echoing the others - if the former employee files, the company is notified for a response. When we terminate employment, we do give the departing employee UI information as it gives us (the company) the chance to explain that we don't decide if UI is paid, the state does.
posted by Twicketface at 2:44 PM on June 3, 2008

In Oregon if you're firing them with cause then they cannot get UI. If they apply for UI, you'll get a letter in the mail asking to verify that they were let go without cause (rather than with cause or that they quit.) You can be honest and they will not get UI or you can lie, they will get UI, and your UI rates will raise a nickel or so a year. In any event, you don't have to do anything proactive.
posted by pwb503 at 2:51 PM on June 3, 2008

Unemployment filing is their responsibility. If you have more than 20 employees and group health insurance make sure to give them their COBRA forms. I would also recommend having them sign a notification of the receipt of their final paycheck/accrued vacation and providing a written notification of their dismissal, inventory return requirements (i.e. keys, files, equipment), and reason for dismissal, should you choose to disclose this, with a secondary copy to be kept for their personnel file. And have a witness in the room with you.
posted by arruns at 3:19 PM on June 3, 2008

In Oregon if you're firing them with cause then they cannot get UI. If they apply for UI, you'll get a letter in the mail asking to verify that they were let go without cause (rather than with cause or that they quit.) You can be honest and they will not get UI or you can lie, they will get UI, and your UI rates will raise a nickel or so a year. In any event, you don't have to do anything proactive.

As an employer, I will point out that just about every firing, as opposed to an economic layoff, is "for cause" in a sense, yet that is not what the employment office wants to know. In my state, they will deny UI if the employee was discharged for dishonesty or illegal conduct. I have had to terminate half a dozen people for poor performance, but I have never tried to interfere with their UI benefits. It's tough enough losing your job without having to fight for unemployment.
posted by megatherium at 5:30 PM on June 3, 2008 [3 favorites has favorites]