Q: We had to let an employee go for poor performance but told her we won’t fight her unemployment benefits. Is it best to just check “layoff” on the unemployment form, or just don’t fill it out or send it back?
A: Neither. The federal Unemployment Insurance Integrity Act (2011) requires employers to respond timely and adequately to a state’s request for information to determine eligibility for unemployment benefits. Each state also has a corresponding law that penalizes employers who fail to provide accurate, timely information on unemployment forms. In some states it’s a misdemeanor offense if employers fail to respond or if they provide inaccurate information; other states impose monetary penalties that increase if the employer has established a pattern of failing to respond timely or adequately.
This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.