(304) 523-2100 Huntington, WV

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736

Unemployment Compensation Defense

Tristate Unemployment Compensation Attorney

Guard Against Undeserving Benefit Awards with a Tristate Unemployment Compensation Attorney

Unemployment compensation benefits are distributed from a state’s unemployment compensation fund, which is financed by employer tax dollars. Each benefit award impacts an employer as a charge against its account, and cumulative charges can result in increased unemployment compensation taxes. Employers in West Virginia, Kentucky, or Ohio who work with a skilled tristate unemployment compensation attorney are better prepared to defend against claims and keep contribution rates down. 

Unemployment Compensation Benefits Are Not Available to Everyone

Filing for unemployment benefits is often one of the first things an employee does upon separation, believing that everyone is entitled to benefits. This is not the case. Former employees must satisfy eligibility standards before receiving unemployment benefits.

Each filing is decided on the individual facts of the case. At any point in the process, employers have the right to appeal benefit determinations.

While fairly similar, WV, KY, and OH each has its own unemployment compensation code that spells out benefit eligibility. At a minimum, employee claimants must establish that they are unemployed through no fault of their own, earned a base amount of wages before becoming unemployed, are able and available to work, and are actively seeking employment.

A Tristate Unemployment Compensation Attorney Combats Fraud

In order to make a benefits determination, each state’s unemployment compensation board gathers information from both the employer and the employee. It is incumbent upon both sides to provide timely, accurate evidence to assist in this process. 

Obtaining benefits under false pretenses is not a victimless crime. The burden of rising award numbers is shouldered by employers in the form of increased contribution rates. Whether you are an employer in Huntington or elsewhere in the greater tristate area, actively safeguarding your experience ratings as well as the integrity of the unemployment compensation funds by disputing improper claims helps protects the business and future claimants.

Strategize with a Tristate Unemployment Compensation Attorney

Employees often assert the following in support of their claims for unemployment compensation:

  • They were unaware of the reasons for their terminations.
  • They were forced out or constructively discharged.
  • The employer failed to provide training and support that would have increased their chances of success.
  • Their supervisors were “out to get them” and did not have proper training to be qualified supervisors.
  • The employer did not have or violated its own policies and procedures.

To successfully defend against unemployment benefits claims, employers can take the precautionary steps to avoid these and other allegations before a claim is ever filed. Employers that memorialize employee work performance and the reasons for employee departures as well as provide training for managers and employees are well prepared to defend against unearned unemployment claims.

Employers benefit from consultation with an experienced unemployment compensation attorney before problems arise. These specialized counsel help employers work proactively to prevent claims and capably assist them in initial benefits determinations as well as on any later appeals.

Keeping a Vigilant Eye on Your Contribution Rate

How much an employer contributes into a state’s unemployment compensation fund is a function of a number of factors—some, such as annual payroll, are reported by the employer and not subject to dispute while other key criteria, such as account charges based on benefit awards, may be contested. 

In addition to challenging individual benefit payouts, employers may request a review of how other criteria influenced the calculation of the overall contribution rate. Savvy employers rely on a knowledgeable defense attorney for unemployment compensation matters in WV, KY, or OH to spearhead requests for such reviews.

For more information, contact a tristate unemployment compensation attorney at Jenkins Fenstermaker by completing this online form or calling (304) 523-2100 or (866) 617-4736 toll-free.