Know How the Final Incident Can Impact Your UI Case

Final Incident and Your UI Case

When dealing with the employee termination process and eligibility for unemployment insurance benefits, employers should know that documenting everything is key – especially the final incident. The very last event that leads an employer to terminate an employee is called the final incident. The final incident is critical and must be explained in detail during the claims process.  If there is no final incident indicated, the UI case has a significantly lower chance of success.

States will typically use this final incident to determine benefit eligibility for the terminated employee. The final incident directly impacts the state’s UI benefit eligibility decision. For example, if an employee has a record of being absent, but their final absence was due to illness, the state may rule it out of the employee’s control and award them benefits.

When you’re involved in defending a UI claim, it’s important to know how the final incident can impact your UI case. Make sure you follow these important guidelines:

1. Maintain detailed records. Most employers don’t realize they can lose a UI case for firing employees because of improper documentation. The best way to prepare is to have specific reasons for the termination and back it up with detailed records. With proper documentation of the behavior or violation you greatly increase your ability to win your case.
2. Provide Dates of Missed Attendance. When terminating someone for an attendance reason, it’s best to provide exact dates of each specific infraction – even down to the last absence (the final incident).
3. Misconduct should be handled very delicately. Simply stating the employee had an attitude or was rude to a customer is not enough information to determine if misconduct occurred. Employers should provide exact and detailed documentation of what was specifically said, on what date, and under what circumstances. If witnesses are able to provide statements on the final incident, gather their written statements.
4. Prior Incidents. If there were prior incidents or warnings given to the employee, make sure the final incident that leads to termination is relevant to the prior incidents. For example, if the employee has a history of attendance problems, but the final incident that resulted in termination was for inappropriate behavior, then the prior incidents are not relevant. If there are no prior incidents (the final incident was the only incident, resulting in immediate termination without prior warning), employers must explain in detail why that single incident was enough to warrant immediate termination without any progressive discipline.

All of this can be difficult to remember in the midst of preparing for your UI case. Let our experts help you determine what steps to take next. Contact us today for more information on the final incident.