The Reason for Separation from Last Employment
Each application for benefits requires the claimant to explain the reason for being out of work from his most recent employer. A "Notice to Employer" (UB-110) (view sample UB-110/105 KB PDF) is mailed to the claimant's most recent employer to request verification of the reason for unemployment. This notice indicates the reason the claimant has given for the unemployment and the last day of work. It provides the employer an opportunity to respond to that information and give any additional relevant information and documentation.
If you receive a "Notice to Employer" (UB-110) indicating you are the Last Employer, you should complete and return the notice within 10 working days if any of the following apply:
1. The claimant was not your employee;
2. The claimant worked somewhere else after working for you;
3. The claimant resigned, retired, or abandoned the employment;
4. You dismissed the claimant for a reason other than lack of work or reduction in force;
5. The claimant is one of the workers involved in a strike, lockout, or labor dispute at your business location;
6. You paid the claimant severance; or monies for unused leave, such as vacation pay, sick pay, or holiday pay when the employment terminated;
7. You are making retirement or pension payments to the claimant;
8. You have information that the claimant is not willing or able to seek and accept suitable work;
9. You have work available and want to offer the claimant employment.
An investigation is initiated based on the information you and the claimant provide. You may be contacted for additional information or clarification during the investigation. If the claims office determines that the last employer justifiably discharged the claimant for misconduct, or that the claimant quit the last employer without good cause in connection with the work, benefits will be denied for as long as he/she is currently unemployed. If such determinations are made regarding employment with a base period employer (i.e., other than the last employer), this will not affect the claimant’s eligibility for benefits, but the employer’s account will be relieved of charges for any benefits paid on the claim.
The Employment Security Law of Arizona defines misconduct as "any act or omission by an employee which constitutes a material or substantial breach of the employee's duties or obligations pursuant to the employment or contract of employment or which adversely affects a material or substantial interest of the employer." (Arizona Revised Statutes § 23-619.01(A)).
If you discharge a worker for what you consider "misconduct" and believe the worker should not be eligible for benefits, you must establish that there was misconduct. Merely alleging misconduct is insufficient. If the claimant denies misconduct, you must present evidence to refute the denial. Accurate records of dates and descriptions of incidents or infractions leading to the dismissal, warnings, and disciplinary actions can be used as evidence of misconduct. A history of employer tolerance of misconduct prior to discharging a worker substantially decreases the likelihood that the claims office will determine that the discharge was justifiable. Generally, a worker who is discharged solely due to inability to meet job requirements is not considered to have been discharged for misconduct.
On the other hand, when a worker quits a job and believes he/she should be eligible for benefits, the worker must present evidence to establish that he/she had no other alternative but to end the employment relationship.
Keep accurate records of employment agreements and employee performance. Record dates of warnings and descriptions of incidents leading to the dismissal of an employee.
After the investigation is completed, the claimant receives a written determination of eligibility. You will receive a copy of the determination if you protested the claim and returned the "Notice to Employer" (UB-110) within the 10-day time limit. If you do not reply to the "Notice to Employer" timely, you are not entitled to receive a copy of the determination of the claimant's eligibility, and you lose your right to further protest the payment of benefits if the claimant is determined eligible.
The table below shows the most common types of unemployment benefit determinations that affect the worker's eligibility for benefits and the employer's chargeability for these benefits: