Best Practices in Documentation

T. Mike Kilbury Peterson, Logren & Kilbury, P.A. Best Practices in Documentation

RECAPLast year we showed you the reasons how and why to do timely documentations; what the effects of proper documentation are and what an individual manager’s role isWe reviewed how FMLA, Work Comp and any incidences must be tracked and when to report to maintain consistency We introduced a tool, theHR Incidence Reporting Formto help managers report consistently

Confusion and Inconsistencies • FMLA tracking- If an employee is taking 3 or more days of vacation to care for a sick family member; why report it? • Employee refuses to qualify for FMLA, what do we do? • How am I supposed to know when to report FMLA; what are the triggers or signs? I.e. Sick; dr visit; ill family member; birth of child; terminal family member • How and when am I supposed to track time when an individual is out for sick, FMLA, WC, etc.?

Confusion and Inconsistencies • UI claims- Employees with the company less than 90 days don’t affect our experience rating? If I hire someone and find out later this individual is a wrong fit, I can terminate and it won’t affect our experience rating? • Employer At Will means I can terminate at any time for any reason, so why do I have to document, even for those employees with us less than 90 days? Why give them a reason?

Confusion and Inconsistencies • The company has provided employees with PPE(personal protective equipment); if they don’t like it or don’t use and are injured what can we do about it? • Why is it important that we run WC time off concurrently with FMLA? ****Mike and Kyle will create a FAQ folder for the Management Store folders, please jot down any questions you might have and email to Kyle by February 13. Mike will prepare answers.

Unemployment Insurance (UI) • Experience rating is based on a 48 month period that ends on June 30 of previous year. • UI rates are assigned to employers based on their business type; higher rates mostly in the construction related positions. • UI rates are calculated each calendar year at 60% of MN’s average annual wage. The taxable wage base for 2008 = $26,000. • UI rates are made up of 2 parts-Base tax rate which is the same for all employers AND “experience rating” which is based on the employer’s history of taxable wages and benefits paid in their experience rating period. • The effect of any benefit depends upon the amount collected by the applicant (AKA former employee) and the amount of total taxable wages.

UI Claims • When an applicant applies for benefits, MN determines whether the person has enough wage credits to establish a valid benefit account and whether their former employers will be charged for those benefits. • The determination lists the employers he/she worked for and the wages reported during the recent 12 month period in which the applicant’s account is based (base period). • Most applicants can receive up to 26 weeks of benefits over a 52 week period. • It shows whether you were paid enough wages to be eligible for benefits, and if so, the weekly benefit amount and maximum - The total amount of money an applicant can receive in the benefit year. This figure is 26 times the weekly benefit amount or one-third of the total wage credits the applicant earned during the base period, whichever is less. amount of benefits available to you.

UI • The weekly benefit amount will be about 50% of the average weekly wage, up to a state maximum of $566. The maximum total amount of benefits available will be one-third of your total wages in your base period, or 26 times your weekly benefit amount, whichever is less. • Employers have an opportunity to appeal the determination within specific time limits; one week from date of mailing. • Chargeable claims will be calculated in the employer’s UI experience rating. • Multiple employers may be charged for the benefits paid to an applicant. Each ER is charged a percentage of the benefits paid proportionate to the % of wages they paid the applicant in the base period. • An “issue” in unemployment is a protest or appeal that has been raised concerning a UI claim.

Raising an Issue When a UI claim is filed by applicant, the employer is given an opportunity to appeal the decision if it impacts the experience rating. • The Employer must respond to a questionnaire regarding the termination process of the employee and show misconduct. Most are up to 6 pages! • Under Minnesota Statute section 268.095, an applicant is not eligible for unemployment benefits if the applicant is discharged for absenteeism or tardiness, but only if the absenteeism or tardiness was employment misconduct. • The law defines employment misconduct as intentional or negligent conduct that is a serious violation of standards of behavior the employer has the right to reasonably expect. Absenteeism or tardiness is employment misconduct if it is intentional, excessive, or unreported. • It might not be employment misconduct if recent absences or tardinesses were unavoidable or due to illness, or if the applicant was unaware that the absences or tardiness seriously violated employer standards or expectations.

UI Appeal Process • Appeal Information The Minnesota Unemployment Insurance Law provides an opportunity for a fair and impartial hearing to any party who disagrees with a determination issued by the Minnesota Unemployment Insurance (UI) Program related to a benefit account, job separation, eligibility or various employer account related issues. For an explanation of how the appeal process works and for contact information, read the Appeal Hearing Guide . • Appeals must be filed electronically, by mail, or fax within the timeframe specified on the determination or correspondence to be appealed. • FIRST LEVEL HEARING: The hearing will be scheduled with an unemployment law judge. The hearing will normally be done by telephone. Under unusual circumstances a case will be heard in person. The written record will be reviewed and parties may provide additional testimony. The judge will then issue a written decision, either agreeing with, or changing the original decision. If the appealing party fails to participate in the evidentiary hearing, the unemployment law judge may summarily dismiss the appeal. • REQUEST FOR RECONSIDERATION: Any decision handed down by the unemployment law judge may be reviewed by the same unemployment law judge that issued the decision if a request for reconsideration is filed within 20 calendar days of the sending of the unemployment law judge's decision by any involved applicant, involved employer or the commissioner. • COURT OF APPEALS HEARING: Any reconsidered decision by the Unemployment Law Judge may be taken to the Minnesota Court of Appeals.

UI Hearing • At the hearing each party will give sworn testimony; can provide evidence, witnesses and question each other. • Testimony is recorded by the UI Judge. • Evidence is anything that supports your testimony. Evidence can be written policies; warnings; medical statements; contracts; time or pay records; notes made during employment. • This hearing is the only chance to tell the story and present evidence to the judge. Any further appeal will only review evidence given at this hearing.

UI Hearing • Evidence to be considered in the hearing, must be provided prior to the hearing with the claim response or appeal. • Witnesses are those with firsthand knowledge of what happened. • Witnesses can be subpoenaed for either side, if necessary. • If either side does not participate in the hearing, the judge may take testimony and evidence from the other party and base his or her decision on that information. Additional evidence can not be provided by the party who does not participate.

Reasons to Terminate UNEMPLOYED FOR REASONS OTHER THAN LAYOFF • If the applicant quit, refused work, or were fired, or on strike, suspension, or a leave the applicant and the employer will be asked for information about the reason he/she is not working. Once information is collected, a written determination based on Minnesota Unemployment Insurance Law will be mailed to applicant and employer. • The determination will state whether he/she can receive benefits or not, and why. This may take up to three weeks from the date you applied. This determination can be appealed by you or the employer. • For most job separations, if you caused your own unemployment without a good reason, you are not eligible for benefits. This is a broad generalization; the law has specific requirements for each type of separation. • UI is now asking, why you hired that person and what you have done to communicate a bad fit; often the ER will be charged

Reasons to Terminate Job Separations And Refusals Applicants may have enough wages in their base period to establish a Minnesota Unemployment Insurance Benefit Account; however, the reason of separation from their job could make them ineligible to receive benefits. These include but are not limited to: Quits: Applicants who quit employment are not eligible unless the quit falls into one of the following categories: • quit because of a good reason caused by the employer (one that would compel an average reasonable worker to quit) • quit to accept better employment • quit because one's serious illness or injury required quitting • quit part-time work if unemployment benefits are based on full-time work that was lost through no fault of one’s own • quit unsuitable employment within the first 30 days • quit unsuitable employment to enter full time reemployment assistance training • quit because one had been notified of layoff within 30 days • quit because domestic abuse of the applicant or applicant's minor child required quitting. • quit because of the loss of child care if reasonable efforts were made to find new child care • that pays into the railroad unemployment fund. An applicant who is denied benefits due to a labor dispute, will remain ineligible for as long as the strike is in progress. Privacy statement | Viewing Tips | Contact UI

Reasons for Termination These include but are not limited to: • Discharged for employment misconduct: Applicants discharged for employment misconduct are ineligible to receive benefit payment. Employment misconduct means any intentional conduct, on the job or off the job that: • displays clearly a serious violation of the standards of behavior the employer has the right to reasonably expect of the employee or, • displays clearly a substantial lack of concern for the employment.

Reasons to Terminate These include but are not limited to: • Inefficiency, inadvertence, simple unsatisfactory conduct, poor performance because of inability of incapacity, or absence because of illness or injury with proper notice to the employer, are not employment misconduct. • Examples of discharges that could potentially make an applicant ineligible are: • being fired for continued, unexcused absences and/or tardiness • using drugs or alcohol on the job • breaking company rules • willful neglect of duties • insubordination, theft, fighting, or harassment • Discharges that might affect eligibility for benefit payment include: • absenteeism as a result of illness • inability to work up to the employer's standards

Reasons for Termination • Discharged for aggravated employment misconduct Applicants discharged for aggravated employment misconduct are ineligible to receive benefit payment. Wages earned from this employer will be removed from the benefit account. This may cause the account to have insufficient wages to be payable. Aggravated employment misconduct is any act that is a gross misdemeanor or felony if it affected the employment. Examples of aggravated employment misconduct: • neglect, abuse or financial exploration of a vulnerable adult • theft of more than $500 • assault and battery, arson, sabotage, or embezzlement • Labor Disputes: Applicants who leave employment because they are participating in a strike or are a member of a striking union at the establishment where they were employed, are ineligible to receive benefit payment during the strike and throughout the week in which the strike ends. Participation includes the failure or refusal to accept and perform available and customary work at the establishment where they were employed.

Reasons for Termination Inefficiency, inadvertence, simple unsatisfactory conduct, poor performance because of inability of incapacity, or absence because of illness or injury with proper notice to the employer, are not employment misconduct. • Examples of discharges that could potentially make an applicant ineligible are: • being fired for continued, unexcused absences and/or tardiness • using drugs or alcohol on the job • breaking company rules • willful neglect of duties • insubordination, theft, fighting, or harassment • Discharges that might affect eligibility for benefit payment include: • absenteeism as a result of illness • inability to work up to the employer's standards

VAG Management Tools and Process • Patterned Interview – Consistency with questions and notes ▼ • Incident Reporting form- Management notes to record time off or issues ▼ • Performance Reviews- Consistent process of documenting performance progress and accomplishment of annual goals/training requirements ▼ • Corrective Actions-Recording the need to improve and creating awareness of outcome ▼ • Time off- Using multi-purpose form and hr incident form for tracking needs to be off work ▼ • Exit Interviews- Tracking the reasons why employees leave; usually only do these for voluntary resignations

Frequently Asked Questions • Don’t forget to email your questions to Kyle • Mike and Kyle will continue to develop tools to help manage these Costs and will see you in August to review more new tools

Best Practices in Documentation