Statewide Legal Services of CT, Inc



UNEMPLOYMENT COMPENSATIONUpdated by Attorney Nadine NevinsCONNECTICUT LEGAL SERVICES, INC.May 2010LISTNUM ParaNumbers2 \l 1 OverviewLISTNUM ParaNumbers2 \l 2 BenefitsThe Unemployment Compensation program provides weekly benefits to eligible claimants. Claimants receive benefits for up to 26 weeks in a 52 week period. The 52 weeks are counted from the first week for which the claimant files a claim. The formula for computing benefits is attached as the Appendix. The maximum level for weekly benefits will be $537.00 beginning October 1, 2009 and may increase to $555.00 in October 2010. The maximum rate is set every October. Claimants may also receive a dependency allowance which is described in the Appendix. When the state unemployment statistics reach a certain level, Extended Benefits (“EB”) become available( an additional 13 weeks). In addition, in past recessions, Congress has passed temporary extensions, referred to as Emergency Unemployment Compensation, or (EUC.) Generally, these benefits are for the same weekly amount as the regular UC benefits. However, in situations involving a second benefit year, the weekly rate may change. See, Appendix for definition of second benefit year. In 2008 the United States began experiencing very high unemployment. As a result, Congress passed several measures that expanded and extended unemployment insurance benefits. See, Appendix for a description of those measures.LISTNUM ParaNumbers2 \l 2 ProcedureLISTNUM ParaNumbers2 \l 3Upon separation from a job, regardless of the reason, a claimant is entitled to an Unemployment Notice Form UC 61 ("pink slip") from the employer. This notice provides the individual with information regarding filing a claim for unemployment benefits. Conn. Agency Regs.31-222-13. An individual does not need an unemployment notice to file for unemployment benefits.LISTNUM ParaNumbers2 \l 3 As soon as possible after separation, the claimant should file a claim since benefits are paid effective the week of filing. Occasionally, it makes sense for a claimant to delay filing until the beginning of the next calendar quarter in order to pick wages from an earlier quarter. Using a high wage quarter will increase the claimants weekly benefit rate. For very low-income claimants waiting to file may not be advisable See, Appendix for description of how benefits are calculated using wages from the base period or the alternate base period. Initial and continued claims are filed online at dol or by telephone. A separating employee is supposed to receive a separation packet from her employer which will explain how to file by telephone. The pink slip which the employer fills out will be attached to the packet.LISTNUM ParaNumbers2 \l 4If the reason for separation is a lack-of-work layoff there is no disputed claim. A hearing will not be scheduled. Payment will be made to the claimant provided she is otherwise eligible. (However, if The Department of Labors staff suspect that it is not a lay-off for lack-of-work, The Department of Labor will seek verification from the employer. The employer has seven days from notification to contest the lay-off designation.)LISTNUM ParaNumbers2 \l 4The employer will receive a Notice of Potential Liability Form UC 280 if this is the first payment on a benefit year and the employer is a base period employer. See, Appendix to see if the employer employed the claimant during the claimant's base period.LISTNUM ParaNumbers2 \l 3If the reason for separation is other than lack of work, or the claimant files the claim without an Unemployment Notice, a pre-determination hearing will be scheduled to adjudicate the separation issue. Conn. Agencies Regs.31-244-2a.LISTNUM ParaNumbers2 \l 4 \s 1The administrator will schedule a hearing no earlier than 10 days from the date the claimant filed her claim, using a Notice of Hearing and Unemployment Claim, Form UC 840 notifying all interested parties.LISTNUM ParaNumbers2 \l 5The employer notice is sent to the address listed on Form UC 61. If the claimant does not have that form, the notice will be sent to the employer's address listed on the Agency's Employer Status File.LISTNUM ParaNumbers2 \l 5The claimant notice is mailed to the last address she has listed with the Agency.LISTNUM ParaNumbers2 \l 4The hearing is informal. The Fact Finder or Examiner is not bound by the ordinary rules of evidence but makes inquiry in a manner best calculated to ascertain the substantial rights of the parties. Conn. Agencies Regs. 31-244-8a.LISTNUM ParaNumbers2 \l 4Both parties are advised of the following rights in the hearing notice: LISTNUM ParaNumbers2 \l 5 \s 1Representation; LISTNUM ParaNumbers2 \l 5Witnesses; LISTNUM ParaNumbers2 \l 5Introduce evidence; LISTNUM ParaNumbers2 \l 5Cross examine witnesses; LISTNUM ParaNumbers2 \l 5Rebut any conflicting testimony.LISTNUM ParaNumbers2 \l 4Participation by both parties is requested.LISTNUM ParaNumbers2 \l 5 \s 1If the employer does not attend, it may mail a written response on the questionnaire attached to Form UC 840. If the employer does not participate in the predetermination hearing, in whatever manner the administrator prescribes, including in person, by mail, phone or other electronic means and a claimant is initially found eligible, the employer may be found liable for some benefits paid (up to six weeks). This is so even if, upon the employer's appeal, the approval of benefits is reversed by an appeals division referee. See, Conn. Gen. Stat. 31-241.LISTNUM ParaNumbers2 \l 5If the claimant is unable to attend the hearing because she is presently working, she may mail in a written response.LISTNUM ParaNumbers2 \l 5At an in-person hearing the claimants statement is taken by the Fact Finder on a Fact Finding Report, Form UC 789 and then signed by the claimant. In the case of telephone hearings, the Fact Finder will read the report over the telephone and ask the claimant if she agrees with what was written by the Fact Finder. A telephone hearing may pose a disadvantage for some claimants who have difficulty speaking or understanding oral communication. LISTNUM ParaNumbers2 \l 4The decision to award or deny benefits is made according to the law, regulations and precedential decisions of the Board of Review and Court. The administrator adjudicates the separation issue using the "burden of proof" concept. In a voluntary leaving case, the claimant must sustain the burden to prove that the leaving occurred under other than disqualifying circumstances. In a discharge case, the employer has the burden to prove that the firing occurred under disqualifying circumstances. LISTNUM ParaNumbers2 \l 4If benefits are denied, a letter of disqualification is mailed to the claimant Form UC 791 and a Notice of Decision Form UC 55 is mailed to the employer.LISTNUM ParaNumbers2 \l 5 \s 1The claimant's appeal rights are explained in the disqualification letter. LISTNUM ParaNumbers2 \l 5Refer to Conn. Gen. Stat. 31-241 (1),(2) and (3).LISTNUM ParaNumbers2 \l 5The claimant can appeal by reporting to her local office within the appeal period and filing her appeal using Form UC 352. She can also file an appeal by mail or internet.LISTNUM ParaNumbers2 \l 4If benefits are approved, the claimant will receive her benefit payments in the mail provided she is otherwise eligible. The employer will receive a notice of charge which will explain its appeal rights. If the employer is a base period employer, it will receive a Form UC 280; if the employer is a non-base period employer it will receive a Form UC 56KC.LISTNUM ParaNumbers2 \l 3The parties have twenty-one days from the date of the mailing of the fact finder's decision or employers charge notice to appeal for a hearing before a referee. This is an intermediate level appeal and the point at which legal representation usually begins. Although the referee will consider the fact finder's determination, the standard of review at this level is de novo. This is the stage at which the claimant needs to prevail. That is because any further appeals are limited and do not involve a de novo hearing. Forty-five minutes is usually allotted for the referee hearing. It is informal and not governed by the rules of evidence. However, both parties are permitted to bring and examine witnesses and provide supporting documentation and exhibits for the record. The referee will tape record the hearing.Note: Interpreters are available for hearings. The claimant should request an interpreter at the time she files her appeal.See separate LEP folder in intranet UC folder.LISTNUM ParaNumbers2 \l 3Within twenty-one days of the mailing date of the referee's decision, the parties may appeal that decision to the Board of Review. The Board reviews the claimant's file and accepts written argument. In rare cases, it takes oral testimony. The Boards decisions are binding on the Appeals Referees and fact finders. Note: Appeals Referee Hearings and the Board of Review are located within the Employment Security Appeals Division of the Department of Labor. Conn. Gen. Stat. 31-237b et seq.; Conn. Agencies Regs. 31-237g-1 et seq. vi.Appeals from the Board's decisions are to the Superior Court. Conn. Gen. Stat. 31-249b. Appeals to court are not governed by the state Uniform Administrative Procedures Act (UAPA). Conn. Gen. Stat. 4-186(a); Conn. Practice Bk. 22-1 et seq.(1) Parties to Court AppealWhile a claimant may either appear pro se or be represented by counsel, an employer corporation may not appear pro se. A pro se appeal by an employer is therefore subject to a motion to dismiss. See, Expressway Associates II v. Friendly Ice Cream Corp. of Connecticut, 34 Conn. App. 543, 551, cert. denied, 230 Conn. 915 (1994). The Commissioner as Administrator of the Act is deemed a party to any proceeding before the referee, Board or court and may file an appeal to court from the determination of the Board. The Board of Review has a right to intervene as a party to the court appeal. Conn. Gen. Stat. 31-249c. (2) Motion to Correct Findings of the Board of ReviewThe review by the Court is very limited and is generally confined to the administrative record below. Conn. Gen. Stat. 31-249b; Conn. Practice Bk, 22-9. Without a motion to correct findings addressed to the Board of Review, the court is without jurisdiction to review the Boards findings. Calnan v. Administrator, 43 Conn.App. 779, 785 (1996).LISTNUM ParaNumbers2 \l 1Eligibility IssuesTo qualify for benefits a claimant must meet all of the following criteria: 1) earned a sufficient amount during her base period. See, Appendix for an explanation of the regular and alternate base periods. 2) separated from the job for a non-disqualifying reason, 3) be able and available to seek and accept full-time work, and 4) be looking for employment during each week she is filing for benefits. However, a claimant can qualify for benefits if she can only work part-time because she has a documented, long-term, physical or mental illness that keeps her from working full-time but does not effectively remove her from the labor force. Conn. Agencies Regs. 31-235-6a(b).Most of the cases advocates will encounter involve adjudication of the reason for the job separation: whether the claimant voluntarily left employment without good cause or was discharged for wilful misconduct. a. Voluntary Leaving A claimant who leaves "suitable work voluntarily and without good cause attributable to the employer" is disqualified until she has become re-employed and has earned at least ten times her weekly benefit rate. Conn. Gen. Stats. 31-236 (a) (2) (A); Conn. Agencies Regs. 31-236-17 to 31-236-23. LISTNUM ParaNumbers2 \l 3 \s 1The claimant bears the burden of proving that she left for non-disqualifying reasons. LISTNUM ParaNumbers2 \l 3With a few statutory exceptions, a claimant's reasons for leaving must be job-connected and attributable to her employer. Conn. Gen. Stats. Sec. §31-236(a)(2)(A).The statutory exceptions are:LISTNUM ParaNumbers2 \l 4 \s 1to care for the individuals spouse, child, or parent with an illness or disability as documented by a health care provider. Illness, disability and health care provider are defined in Conn. Gen .Stat. 31-236 (a) (16).Conn. Gen. Stat. 31-236(a)(2)(A)(ii).(Conn. Agencies Regs. 31-236-23. The claimant does not have to explore alternatives prior to leaving the job, e.g., requesting a leave of absence. Arnold v. Ct. Dept. of Labor, Board Case No. 536-BR-96 (2/10/98). LISTNUM ParaNumbers2 \l 4due to loss of non-personally owned transportation, provided no reasonable transportation alternatives are available. Conn. Gen. Stat. 31-236(a)(2)(A)(iii).(3) to protect the claimant or the claimants child, spouse or parent from becoming or remaining a victim of domestic abuse. Conn. Gen. Stat. 31-236(a)(2)(A)(iv). According to the statute the individual has to make reasonable efforts to keep his or her job prior to quitting. Reasonable efforts as well as a victim of domestic abuseare defined in regulation. The Department of Labor has liberally construed this provision in favor of coverage. Conn. Agencies Regs. 31-236-23a.to accompany a spouse who, while on active duty with the armed forces, is required to relocate. Conn. Gen. Stat. 31-236(a)(2)(A)(v).to accompany a spouse whose job has relocated. Conn. Gen. Stat. 31-236(a)(2)(A)(vi).(6) to return to ones regular job after accepting other employment while on lay-off from the regular job. Conn. Gen. Stat. 31-236(a)(2)(B)(i).(7) to leave part-time work to accept or maintain full-time work. Conn. Gen. Stat. 31-236(a)(2)(B)(iv).(8) to return to work in the individual's regular apprentice-able trade. Conn. Gen. Stat. 31-236(a)(2)(B)(ii).(9) to leave due solely by reason of governmental regulation or statute. Conn. Gen. Stat. 31-236(a)(2)(B)(iii).Note, if the claimant is found eligible under a statutory exception, her benefits will not be charged against the base period employer and therefore will not affect a portion of the employers tax rate (the experience rate). Thus, employers usually have no reason to protest the charges. However, this is not true for reimbursing employers, such as many non-profit organizations. Conn. Gen. Stat. 31-225a. The latter do not pay UC taxes but rather reimburse the system for the benefits paid to claimants. As a result, reimbursing employers are likely to vigorously contest these type of quit cases. iii. If a claimant accepts unsuitable conditions for a substantial period of time, the claimant may be held to have waived or acquiesced to the unsuitability.iv. The claimant must commit a specific, intentional act which manifests a present intention to terminate her own employment. A resignation will not be voluntary where the claimant lacks the mental capacity to make an intentional, deliberate choice, where a claimant is given a choice to resign or be discharged, or a claimant quits in light of an imminent discharge. Conn. Agencies Regs. 31-236-18.v.A claimant is generally required to exhaust reasonable alternatives prior to leaving the employment.vi.Trial Period Doctrine - Within every contract of employment there is an implicit trial period during which an employee may determine whether the employment matches the employee's expectations or is otherwise suitable for the individual. A reasonable trial period is not longer than thirty days. Claimants must state why the job was unsuitable, how the conditions adversely affect them and must explore reasonable alternatives prior to quitting. Claims of unsuitability after thirty days are examined under the acquiescence doctrine. Harvey v. The Savings Bank of Manchester, Board Case No. 152-BR-96 (4/3/97). The trial period may be extended beyond 30 days, for example, due to training, Vaslet v. Cigna Corp., Board Case No. 435-BR-99. (Note: a trial period employer will not be charged if the wages were not earned during the claimants base period or the earnings equal $500.00 or less). vii. An individual has sufficient cause to leave if the employment is harmful, potentially harmful or aggravates a claimant's medical condition regardless of whether the health problem was initially caused by the job. Health reasons for leaving the job are generally assessed in accordance with standards which are subjective to the claimant. The claimant must have informed the employer of the health problem and unsuccessfully sought a remedy reasonably available to her before leaving. See, Conn. Agencies Regs. 31-236-22, Ellis v. Meriden Public Health and Visiting Nurse Association, Board Case No. 187-BR-96 (1/23/98). The Board held that claimant did not voluntarily quit because her health would not permit her to do her former work and there was no viable alternative work. She had no options to continue at her job. (Note, the Board held, in the alternative, that the claimant voluntarily left because the work would aggravate her condition. The leaving became good cause attributable to the employer because the employer did not provide alternative work).viii. There is good cause for a claimant to leave her employment when the employer substantially breaches the contract of employment or unilaterally makes a substantial change in the conditions of the claimant's employment. In general, dissatisfaction with the conditions of employment is usually not sufficient.ix.Leaving a job because of day care problems is not good cause for the leaving.x.The discontinuance of a personally owned business due to financial necessity or a non-economic reason beyond the claimant's control may provide good cause for leaving the self-employment venture.a.Discharge for Wilful Misconduct A claimant discharged for "wilful misconduct in the course of her employment" is disqualified until she has become re-employed and has earned at least ten times her benefit rate. Conn. Gen. Stat. 31-236(a) (2) (B); Conn. Agencies Regs. 31-236-26.The burden of proof is generally on the employer.ii."Wilful misconduct" has three distinct definitions. Conn. Gen. Stat. 31-236(a):(1)Deliberate misconduct in wilful disregard of the employer's interest (Conn. Agencies Regs. 31-236-26a); or (2)A single knowing violation of a reasonable and uniformly enforced rule or policy of the employer, when reasonably applied, provided such violation is not a result of the employee's incompetence (Conn. Agencies Regs. 31-236-26b); or (3)Absenteeism without either good cause for the absence or good cause for failing to timely notify the employer of the absence for three separate instances within a twelve-month period. A separate instance is defined as two or more consecutive days. Conn. Gen. Stat. 31-236(a)(16). To determine the number of instances the administrator refers to the following table: Consecutive DaysInstance(s) of Absence2132425363Conn Agencies Regs. 31-236-26d.(a) the unauthorized leaving of work during normally scheduled hours is not a separate instance of misconduct. Unauthorized leaving is adjudicated under Conn. Gen. Stat. §31-236-26a or Conn. Gen. Stat. §31-236-26b.(b) Absences must be adjudicated under the absenteeism definition of wilful misconduct and not under the deliberate misconduct or rule violation provisions. Richards v. Housing Authority City of Stamford, Board Case No. 154-BR-96 (12/19/97). Conn. Agencies Reg. 31-236-26d. (c) An employer cannot take adverse action against an employee who is a crime victim and responding to process. Conn. Gen. Stat. 54-85b. (4)Common examples of wilful misconduct:i.intentional or knowing violations of reasonable rules;ii.insubordination;dishonesty, disloyalty.(5)Tardiness (Conn. Agencies Regs. 31-236-28) must be adjudicated under the deliberate misconduct or rule violation standard of wilful misconduct and not under absenteeism. It is not a separate instance of misconduct. Generally, a minimum of three un-excused acts of tardiness are required in order for a claimant to be disqualified. Reeder v. Abbot Terrace Health Center, Board Case No. 733-BR-96.(6)Acts due to illness are generally not considered wilful misconduct. (7)Addiction to alcohol or other drugs is considered to be an illness. Misconduct resulting from such a documented addiction will not be considered deliberate or knowing and therefore will not constitute wilful misconduct under the deliberate misconduct or rule violation standards. Conn. Agencies Reg. 31-236-37; Administrator v. Hasen, 2001 WL 104122, 29 Conn. L.Rptr. 16, (Conn. Super. 1/9/01). (8)Generally, the incident which triggered the discharge must constitute an incident of wilful misconduct; that being a single knowing violation of a reasonable and uniformly enforced rule or policy of the employer. In addition, the employer must have fired the claimant for the wilful misconduct. (For example, soon after a claimant is laid off for lack of work, the employer discovers that she stole property of the employer. The lay-off may not be converted to a discharge for wilful misconduct and the claimant will not be disqualified from receiving benefits as a result of the theft). (9)The incident must occur in the course of employment. Conn. Agencies Regs. §31-236-26c.b.Discharge for Felony, Larceny, Imprisonment, Participation in Illegal Strike, or Discharge due to Disqualification or Suspension from Work due to a Drug or Alcohol Testing Program Felony(1)An individual shall be ineligible for benefits if the Administrator finds "...he has been discharged or suspended for felonious conduct..."Conn. Gen. Stat. 31-236(a)(2)(B); Conn. Agencies Reg. 31-236-25. Such conduct is defined as: (a)a single act which constitutes a felony under state or federal law;(b)which must occur in the course of employment;(c)and is not dependent upon institution or conclusion of criminal proceedings. (2)Burden of Proof - preponderance of the evidence standard - Rado V. Town of Naugatuck, Board Case No. 891-BR-89 (2/22/90).ii.Larceny(1)An individual is ineligible for benefits if she committed larceny of property or service in excess of $25.00 or currency of any value during the course of employment. Conn. Gen. Stat. §31-236(a)(2)(b) and Conn. Agencies Regs. §31-236-25a. (2)Burden of proof - preponderance of the evidence standard - Preli V. American Linen Supply Co., Board Case No.795-86-BR (9/2/86).(3)Theft of property valued at $25.00 or less can be adjudicated under the deliberate or rule violation definitions of wilful misconduct. See, Administrator v. Moffett, 46 Conn. Supp. 579 (1999), affirmed per curiam at 60 Conn. App. 746 (2000). iiiImprisonment(1)An individual is ineligible if the Administrator finds that a claimant was sentenced to a term of imprisonment of thirty days or longer and was discharged or suspended from the job after she began serving the sentence, until such individual has earned at least ten times his benefit rate. Conn. Gen. Stat. 31-236(a)(13).(2)No requirement of "in the course of employment";(3)The claimant must be discharged only after she has been sentenced and begun to actually serve the sentence. Also, the claimant does not become ineligible if discharged before sentencing and sentenced to time served.(iv)Participation in Illegal Strike An individual is ineligible for benefits if the Administrator finds "...he has been discharged or suspended for...participation in an illegal strike as determined by state or federal laws or regulations..."Conn. Gen. Stat. 31-236(a)(2)(B).(v)Failure to Pass Drug or Alcohol Test An individual is ineligible for benefits if she was discharged or suspended from the job because she has been disqualified under a mandated state or federal law from doing her job as a result of a drug or alcohol testing program. Howell v. City of Bridgeport, Board of Review Case No. 1396-BR-96. Claimant ineligible until she has earned at least ten times her benefit rate. Conn. Gen. Stat. 31-236(a)(14); Conn. Agencies Regs. 31-236-24 (7). However, if the employer is permitted but not required to perform the test, the claimant is eligible and the employer will not be charged for the benefits. Conn. Gen. Stat. 31-225a(c)(1)(E)(ii).c.Able to Work and Available For Work (Conn. Gen. Stats. 31-235; Conn. Agencies Regs. 31-235-2)iThe claimant must be ready and willing to accept suitable employment. ii.The claimant must be genuinely and unequivocally exposed to the labor market without undue restriction as to the type of job that he or she will accept. (Some restrictions may be allowed as long as they do not reduce the claimant's prospects of finding work to the extent that the claimant is no longer genuinely exposed to the job market, Nelson v. Administrator, Board Case No. 1092-BR-89 (5/28/91). a. Generally, a claimant must be available for full-time work Conn. Agencies Regs. 31-235-6(a). Full-time hours vary depending on industry or profession. An individual who limits availability to part-time employment may be eligible only if: 1) the individual provides documentation from a licensed physician that the individual has a physical or mental impairment that is chronic or expected to be long-term in nature, and the individual is unable to work full-time because of such impairment; and, 2) the individual establishes, to the satisfaction of the Administrator, that such limitation does not effectively remove such individual from the labor force. Conn. Agencies Regs. 31-235-6a (b). iii.In addition to being available for work each claimant must also be able to work during each week for which unemployment compensation benefits are claimed. (This means that at a minimum, the claimant must be capable of performing some type of work for which there is a call in the general labor market). e.Reasonable Efforts to Obtain Work (Conn. Gen. Stats. 31-235(a)(2) and (b); Conn. Agencies Regs.31-235-22)Generally, three contacts per week required; iiBurden of proof is on claimant, if efforts questioned;iii.In person contacts are the preferred method of communication with prospective employers.iv. The Administrator cannot deny benefits unless the Administrator has advised the claimant about her obligation and given the claimant an opportunity to comply.f.Refusal of Suitable Work (Conn. Gen. Stat. 31-235(a)(1); Conn. Agencies Regs.31-236-1 through §31-236-16)i.A claimant who without sufficient cause refuses either a Connecticut Labor Department referral to suitable work or an offer of suitable work from an employer is disqualified from eligibility for unemployment compensation benefits until the claimant earns at least six times her benefit rate.iiSuitable work means either work in the individuals occupation or field or other work for which he is reasonably fitted, provided such work is within a reasonable distance of the individuals residence. In determining whether work is suitable, the Administrator will consider the degree of risk to the individuals health, safety and morals, his physical fitness and prior training and experience, his skills, his previous wage level and the individuals length of employment. Conn. Agencies Reg. 31-236-1. iii.The burden of proof is on the administrator or the employer to prove a refusal of suitable work.iv.A temporary employee who refuses a suitable offer of employment when it is offered to her by the temporary help service upon completion of her assignment will be disqualified until she has earned six times her benefit rate. Conn. Gen. Stat. 31-236(a)(15), Conn. Agencies Reg.31-236-16a.v.To conclude that a refusal has occurred, the referral or offer must have been (1) definite, (2) about a specific job, which is, considering the industry or occupation involved, (3) reasonably available at that time or within the near future, and (4) conveyed to the claimant. Only after all of these elements are met is it necessary to determine whether the claimant's conduct in response to the referral or offer constituted a refusal. Conn. Agencies Reg.31-236-2; Precedent Manual Vol. IV. Telephone logs or other business records shall be admissible as evidence of a bona fide offer of work or referral to work. vi.Suitable work is defined in Dubkowski V. Administrator, 150 Conn. 278 (1963) (subjective test) and Tisdale v. Medical Personnel Pool, Board Case No. 255-BR-90 (8/14/90) (setting forth the order in which suitability criteria are evaluated; objective test involving prevailing wage conditions evaluated last). vii.The sufficiency of a claimant's reason for refusing a suitable job will generally be judged by the reasonableness standard of the average person.3.Recoupment/Repayment of Overpayments (Conn. Gen. Stat. 31-273; Conn. Agencies Regs. 31-273-2 and 3)Overpayments Due To Error (Conn. Gen. Stat. 31-273)The error must be discovered and brought to the recipient's attention within one year of the date of receipt of such overpayment.ii. The recipient is entitled to a hearing to determine whether: (A) Such person shall repay such sum to the administrator, (B) such sum shall be recouped by offset from such person's unemployment benefits, or (C) repayment of such sum should be waived due to indigency, gross administrative error, or other criteria set forth in regulation, See, Conn. Agencies Reg. 31-273-4.iii. If the overpayment is recouped by offset from a person's unemployment benefits, the reduction in benefits shall not exceed fifty per cent of the person's weekly benefit amount.iv. If the offset is insufficient to recoup the full amount, the claimant shall repay the remaining amount in accordance with a repayment schedule as determined by the examiner. v. If the claimant fails to pay according to the schedule, the administrator may recover such overpayment through a wage execution against the claimant's earnings upon her return to work. b.Overpayment Due to Fraud, Wilful Misrepresentation, Wilful Nondisclosure (Conn. Agencies Regs. 31-273-5 through 7).Determination of Fraud, Wilful Misrepresentation, or Wilful Nondisclosure require finding of intent.The recipient is liable for full repayment.iii.The sum may be repaid by 100 per cent offset of the recipient's weekly benefit rate.iv.If recoupment is insufficient to repay the full amount, the examiner will establish a repayment schedule. 1% interest on the overpaid amount per month is added to the balance owed.v.If the claimant fails to pay according to the schedule, the administrator may recover such overpayment through a wage execution against the claimant's earnings upon her return to work and/or through a garnishment of the claimant's tax return, pursuant to Conn. Gen. Stat. 12-742.vi.If, in the opinion of the administrator, the debt is uncollectible eight years after overpayment, she may cancel any claim for repayment or recoupment. vii.Any person who has fraudulently attempted to obtain or increase benefits shall forfeit benefits for not less than one nor more than thirty-nine compensable weeks following determination of such attempt. This is in addition to the obligation to repay the benefits. Interplay with Receipt and Amount of Public BenefitsUnemployment compensation benefits are counted as unearned income for purposes of determining amount of TFA grant and determining eligibility for a six month extension of benefits. The gross amount of unemployment compensation is counted whether or not taxes are taken out. UC is also counted as unearned income in the SNAP program. b.If a TFA recipient quits a job without good cause or is fired for wilful misconduct the TFA grant will be reduced and the recipients eligibility for an extension of benefits will be jeopardized. A SNAP recipient may also lose some or all of her food benefits due to a voluntary quit or wilful misconduct discharge.c.An applicant for TFA will have the grant reduced if she quit a job, intentionally reduced her hours or was terminated due to wilful misconduct 60 days prior to the date of application for assistance. A SNAP applicant may also be penalized.If the Department of Labor determines that a UC claimant had good cause for leaving the job, the Department of Social Services is supposed to abide by that determination and not sanction the TFA applicant or recipient. If the Department of Labor finds there was no good cause for the quit, the Department of Social Services makes its own good cause determination. If the Department of Labor determines that the claimant was fired for wilful misconduct then the Department of Social Services accepts that determination unless the TFA recipient can show she had other good cause for losing the job. (See DSS Uniform Policy Manual at 8530.60 et seq. for further explanation of how DSS will treat quits and fires).e. If an applicant for a TFA extension quits a job without good cause or is fired for wilful misconduct while not receiving TFA benefits the ineligibility period lasts 120 days from the date of the job separation.5.Legal ResourcesIn addition to statutes and regulations, the following are extremely useful materials:Employment Security Board of Review Precedent Manuals, Vols. I-XIII, digests all major topics related to unemployment compensation; separate manuals on such topics as Voluntary Leaving, Discharges, Categorization of Separations, etc. Updated only through 1990, but it is still an important research tool.On-line outline of Precedent Manual Digest Numbers (revised), updated regularly.Internet access to Board of Review Decisions, filing Appeals, etc. located at or link located on the Department of Labors web site at ctdol.state.ct.us.Preparing for an Appeal Hearing, video of simulated appeals referee hearing, English and Spanish. Available at public libraries and from the Appeals Division free of charge to parties in appeals.Advocates Guide to the Appeals Process, practical advice from Bennett Pudlin, former Chairman, Board of Review, March 10, 2000.The Department of Labor publications including Guide to the Unemployment Insurance Benefits System in CT: Your Rights & Responsibilities, and a Claimants Guide to the Appeals Process. Both are available in Spanish as well as English. See also, The Department of Labors web site at ctdol.state.ct.us for links to general information about the Unemployment Compensation program. National Employment Law Project (NELP) has a terrific website at with links to information on the unemployment compensation system.Legal Assistance Resource Center of Connecticuts website has links to self-help materials which include the following pamphlets on unemployment compensation: Your Rights when you apply for Unemployment Compensation, Your Rights to Unemployment When You Voluntarily Leave Your Job, Your Rights Unemployment Compensation If You Are Fired From Your Job. AppendixREGULAR BASE PERIOD AND BENEFIT YEAR**New Claim Effective (Benefit Year Established)Benefit Year is 52 calendar weeks from New Claim dateOct 08NovDecJan 09 FebMarchApr 09May JuneJuly 09AugSeptLAGQuarterJan 10 Feb **March Base Period Quarters Jan. 09Feb.MarchApr. 09MayJuneJuly 09 AugustSept. Oct. 09Nov.Dec.LAG QuarterApr. 10 May **June Base Period Quarters April 09MayJuneJul. 09AugustSept.Oct. 09 Nov.Dec. Jan. 10Feb.MarchLAG QuarterJuly 10Aug.**Sept. Base Period Quarters July 09AugustSept.Oct. 09Nov.Dec.Jan 10 Feb March Apr. 10MayJuneLAG QuarterOct.'10Nov.**Dec. Base Period Quarters ALTERNATE BASE PERIOD AND BENEFIT YEAR(If claimant cant qualify using regular base period then lag quarter wages* may be used in determining monetary eligibility for benefits)**New Claim Effective(Benefit Year Established)Benefit Year is 52 calendar weeks from New Claim dateJan. 09Feb.MarchApril 09 MayJune July 09AugustSept.Oct. 09*Nov.Dec.Jan.'10Feb.**March Base Period Quarters Apr. 09MayJuneJuly 09 AugustSept. Oct. 09Nov.Dec.Jan. 10*Feb.Mar.Apr. 10May **June Base Period Quarters Jul. 09AugustSept.Oct. 09 Nov.Dec. Jan. 10Feb.MarchApr. 10* MayJuneJuly 10Aug.**Sept. Base Period Quarters Oct. 09Nov.Dec.Jan. 10 Feb.March Apr. 10MayJuneJuly 10*Aug.Sept.Oct.'10Nov.**Dec. Base Period Quarters Benefit Rate and DurationThe claimant's weekly benefit rate is determined by dividing by 26 the averageof the total wages a claimant earned in her two highest-paid quarters in the baseperiod. (Note that a construction worker can base her benefit rate on her highestearnings quarter, rather than on the average of her two highest quarters.)Conn. Gen.Stat. 31-231a.In order to qualify for benefits, a claimant must have been paid wages during the base period of at least forty times her weekly benefit rate. No benefits may be paid to a claimant who fails to meet this requirement. A claimant who has insufficient wages in the regular base period to qualify for benefits may have her eligibility recalculated using her wages from the four completed calendar quarters immediately preceding the quarter in which she applies. This is known as the alternate base period. Conn Gen. Stat. 31-230(b).A claimant who is eligible to receive or is receiving workers compensation, or is onsick or disability leave may utilize a special base period if she cant qualify under the regular or alternate base periods: Calendar quarters from up to three years prior to filing may be used in determining the claimants monetary eligibility foruemployment benefits, provided those calendar quarters have not been used toestablish an earlier base period. Conn. Gen. Stat. 31-230(a). The maximum weekly benefit rate is limited to 60% of the average production wage as determined by the Administrator in accordance with standards established by the United States Department of Labor, Bureau of Statistics and is set each year as of the first Sunday in October. Conn. Gen. Stat. 31-231a(b). (Because the benefit rate is tied to production wages, e.g., blue collar wages, rather than the overall average wage in this state, the maximum benefit is far lower than it would otherwise be). The annual increase in the maximum weekly benefit rate may not exceed $18.00. The current weekly benefit rates range from a minimum of $15.00 to a maximum of $537.00A claimant may receive partial benefits if she is a) able and available for full-timework, b) but is working less than full-time hours for that job, and c) the reason forthe reduced hours must be due to lack of work or because the job is part-time byemployer choice. Partial benefits are calculated by deducting 2/3 of the gross weekly earnings from the claimants weekly benefit rate. Conn. Gen. Stat. 31-229.The employer must report total wages for each employee on the QuarterlyContribution Return Form UC-2/5A. Although the tax payment is applicable only tthe first $15,000.00 for each employee in the calendar year, all covered wages,including non-taxable wages in excess of $15,000.00 are used in computing theclaimant's benefits. Conn. Gen. Stat. 31-222(b)(2)(A)(iv). Temporary Expanded and Extended BenefitsThe American Recovery and Reinvestment Act of 2009 (ARRA), P.L. No. 111-5, Feb. 17, 2009 contains several provisions that expanded and extended unemployment compensation benefits. Those provisions that have since been extended in 2010 are:The Emergency Unemployment Compensation (EUC) program was expanded to include 4 tiers of benefits (up to 53 weeks in CT) for claimants who exhaust their 26 weeks of state unemployment benefits. Connecticut workers are eligible for all four tiers because the unemployment rate in Connecticut is high enough to trigger eligibility. These benefit weeks are fully federally funded. The EUC program expires June 2, 2010, with a phase-out period through November 6, 2010.The Temporary Federal Additional Compensation (FAC) program which provides an additional $25 in benefits per week. The additional payments apply to claims filed before May 23, 2010 and will be phased out December 11, 2010.Full federal funding of the Extended Benefits (EB) program. The EB program provides another 20 weeks of benefits to Connecticut workers. 13 weeks of EB and 7 weeks of High Extended Benefits. EB is normally federally funded at 50%. The 100% funding expires June 5, 2010.Worker, Homeownership, and Business Assistance Act of 2009, P. L. No. 111-92, Nov. 6, 2009; Department of Defense Appropriations Act of 2010, P.L. No. 111-118, Dec.19, 2008; Temporary Extension Act of 2010, P.L. No. 111-444, March 2, 2010;Continuing Extension Act of 2010, P.L. No. 111-157, April 15, 2010.Second Benefit YearIf at the end of a benefit year, a claimant remains (or is again) unemployed, theDepartment of Labor calculates a new 52-week benefit year. In order to qualify fora second benefit year a claimant must have earned at least $300.00 or five (5) times her weekly benefit rate, whichever is greater, since the start of the prior benefit year. Conn. Gen. Stat. 31-236(a)(8). Occasionally, an employer who was charged for benefits in the prior year will again be a base period employer in the second benefit year. This can happen if the original employer continued to employ the claimant in the prior lag quarter, or in the quarter in which the claimant initially applied, and the wages earned in one or both of those quarters were not used in determining the claimants eligibility in the prior benefit year. Dependency AllowancesAn allowance of $15.00 for each dependent child under eighteen years of age, or fora full-time student under twenty-one years of age, or for each incapacitateddependent child, or for a non-working spouse is payable to supplement any partial ortotal weekly benefit payment. This allowance, in whole dollars, is limited to notmore than the claimant's weekly benefit rate and may not exceed $75.00 per week. Conn. Gen. Stat. 31-234. The dependency allowance is not charged to theemployers merit rating or experience account. Income Tax Withholding From UC BenefitsNew claimants are to be notified at the time of filing that unemploymentcompensation benefits (UCB) are taxable and subject to estimated payments.Claimants have the option of having state and federal income taxes withheld fromtheir UCB. Conn. Gen. Stat. 31-227(i). Taxes are to be withheld at the rate of 3%for the state income tax and 15% for the federal income tax. It only makes sense for claimants to agree to voluntary withholding of taxes if they anticipate owing taxes at the end of the taxable year. For very low income clients withholding makes little sense. If a client has already agreed to withholding she may withdraw her permission and request that she receive the full weekly benefit . Child Support Withholding From UC BenefitsA claimant is required to disclose whether or not she has an obligation to pay childsupport. If so, child support payments will be deducted from the claimants weeklybenefits and forwarded to the state child support enforcement division tobe distributed to the payee. Conn. Gen. Stat. 31-227(h).Severance and Vacation PayA claimant will not be eligible for benefits for any week in which she receivespayment, such as severance, unless the employee was required to waive or forfeit alegal right or claim against the employer as a condition of receiving such payment.Conn. Gen. Stat. 31-236(a)(4)(A). For example, if a claimant had to sign a waiver of her right to sue for wrongful discharge in order to receive the severance package, she would be eligible to receive unemployment benefits during the week in which she received the severance.Generally, vacation pay is treated as compensation for lost wages and will bededucted from the unemployment benefits. Vacation pay that is not attributable toa time period (for example accrued vacation time that a person may take in a lumpsum at the time of the job separation) will not count against the unemployment benefits. Conn. Agencies Reg. 31-236-47(b) - (e).Note: As with social security and pension benefits (see below), the claimant is stilleligible for up to 26 times her weekly benefit rate. This means that the receipt of countable severance or vacation pay will delay rather than reduce the total amount of unemployment benefits she may receive in her 52-week benefit year. Pension Payments and Social Security BenefitsA claimant's weekly benefit rate is reduced by the proportion of the prorated weeklyamount of the pension, retirement, annuity, Social Security benefits or othersimilar periodic payment which is equal to the proportion of the plan that wascontributed to by any base period employer. Conn. Gen. Stat. 31-227(g). Althoughthe amount payable weekly is reduced, the total amount payable does not undergo acorresponding reduction. The number of weeks the claimant may receive the reduced benefits is limited only by the 52-week duration of the benefit year. That is, the claimant is still eligible to receive the 26 times her weekly benefit rate duringher benefit year.Social Security. Receipt of social security retirement income does not reduce unemployment compensation benefits. Conn. Gen. Stat. 31-227(g). Union Pensions are not deductible if the base period employer did not contribute tothe pension fund. If the base period employer did contribute, the deduction from the claimant's weekly benefit rate will be based on the proportion of the plan contributed by this employer during the base period. Non-Contributory Pensions are deductible dollar for dollar if paid by a base periodemployer. Contributory Pensions are deductible based on the proportion of the cost of the planthat was contributed by the base period employer during the base period. Workers Compensation BenefitsA claimant may not receive unemployment compensation benefits if she is receivingtemporary total disability benefits under the states workers compensation program.However, a claimant receiving temporary partial workers compensation will notautomatically be disqualified from receiving unemployment benefits. Instead, theworkers compensation benefits will be deducted dollar for dollar from the weeklybenefit. Conn. Gen. Stat. 31-236(a)(4)(B); Conn. Agencies Regs. 31-236-48. A claimants permanent partial disability payments will not be deducted from herweekly unemployment benefits at all. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download