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Texas.workforce.commission explained.john.pate.ls screening
- 1. YOU AND THE TWC How to manage your unemployment tax liability
- 2. TODAY’S TALK
- 3. TODAY’S TALK • What unemployment tax is and how liability is established
- 4. TODAY’S TALK • What unemployment tax is and how liability is established • How someone becomes eligible for benefits
- 5. TODAY’S TALK • What unemployment tax is and how liability is established • How someone becomes eligible for benefits • What you can do to reduce your exposure
- 6. TODAY’S TALK Why bother?
- 7. TODAY’S TALK Because a Two Point increase in your rate can cost you $180 per employee annually for 3 Years
- 9. UNEMPLOYMENT TAX What it is
- 10. UNEMPLOYMENT TAX What it is A fixed percentage (your rate) of the first $9000 of an employee’s wages
- 11. UNEMPLOYMENT TAX What it is A fixed percentage (your rate) of the first $9000 of an employee’s wages Paid quarterly until the $9000 earnings maximum is met
- 12. UNEMPLOYMENT TAX
- 13. UNEMPLOYMENT TAX How liability is established
- 14. UNEMPLOYMENT TAX How liability is established Rate is set annually
- 15. UNEMPLOYMENT TAX How liability is established Rate is set annually Rate is based on assessments and charge-backs to your account for the previous 36 months
- 16. A PERSON RECEIVES BENEFITS WHEN...
- 17. A PERSON RECEIVES BENEFITS WHEN... Under certain conditions, he/she becomes unemployed
- 18. A PERSON RECEIVES BENEFITS WHEN... Under certain conditions, he/she becomes unemployed ➡ Excludes misconduct
- 19. MISCONDUCT DEFINED source: Texas Workforce Commission Website, retrieved August 1, 2010 http://www.twc.state.tx.us/ui/bnfts/employer2.html#misconduct
- 20. MISCONDUCT DEFINED source: Texas Workforce Commission Website, retrieved August 1, 2010 • mismanagement of a position of employment by action or inaction http://www.twc.state.tx.us/ui/bnfts/employer2.html#misconduct
- 21. MISCONDUCT DEFINED source: Texas Workforce Commission Website, retrieved August 1, 2010 • mismanagement of a position of employment by action or inaction • neglect that places in jeopardy the lives or property of others http://www.twc.state.tx.us/ui/bnfts/employer2.html#misconduct
- 22. MISCONDUCT DEFINED source: Texas Workforce Commission Website, retrieved August 1, 2010 • mismanagement of a position of employment by action or inaction • neglect that places in jeopardy the lives or property of others • intentional wrongdoing or malfeasance http://www.twc.state.tx.us/ui/bnfts/employer2.html#misconduct
- 23. MISCONDUCT DEFINED source: Texas Workforce Commission Website, retrieved August 1, 2010 • mismanagement of a position of employment by action or inaction • neglect that places in jeopardy the lives or property of others • intentional wrongdoing or malfeasance • violation of a policy or rule adopted to ensure orderly work and the safety of employees http://www.twc.state.tx.us/ui/bnfts/employer2.html#misconduct
- 24. MISCONDUCT ALWAYS COMES DOWN TO THIS:
- 25. MISCONDUCT ALWAYS COMES DOWN TO THIS: • Did the applicant know or should they have known about the broken rule?
- 26. MISCONDUCT ALWAYS COMES DOWN TO THIS: • Did the applicant know or should they have known about the broken rule? AND
- 27. MISCONDUCT ALWAYS COMES DOWN TO THIS: • Did the applicant know or should they have known about the broken rule? AND • Did the applicant know or should they have known that a violation could lead to termination?
- 28. YES, IT’S AT WILL EMPLOYMENT. But you still have potential Federal and State Liability.
- 29. Ensure the applicant understands the rules and consequences.
- 30. Ensure the applicant understands the rules and consequences. Maintain appropriate documentation.
- 31. THE APPLICATION Application
- 32. THE APPLICATION • It’s a contract. Application
- 33. THE APPLICATION • It’s a contract. - Work status (full vs. part time) Application
- 34. THE APPLICATION • It’s a contract. - Work status (full vs. part time) - Work schedules (days & hours available/not available for work, OT, etc.) Application
- 35. THE APPLICATION • It’s a contract. - Work status (full vs. part time) - Work schedules (days & hours available/not available for work, OT, etc.) - Physical ability to perform job Application
- 36. THE APPLICATION • It’s a contract. - Work status (full vs. part time) - Work schedules (days & hours available/not available for work, OT, etc.) - Physical ability to perform job - Availability of transportation Application
- 37. THE APPLICATION • It’s a contract. - Work status (full vs. part time) - Work schedules (days & hours available/not available for work, OT, etc.) - Physical ability to perform job - Availability of transportation • Once signed, it becomes the basis of your relationship. Application
- 38. THE APPLICATION • It’s a contract. - Work status (full vs. part time) - Work schedules (days & hours available/not available for work, OT, etc.) - Physical ability to perform job - Availability of transportation • Once signed, it becomes the basis of your relationship. • Customize it to meet your Application business needs
- 39. THE EMPLOYEE HANDBOOK Employee Handbook Application
- 40. THE EMPLOYEE HANDBOOK • The rule book for work Employee Handbook Application
- 41. THE EMPLOYEE HANDBOOK • The rule book for work • Should always include: Employee Handbook Application
- 42. THE EMPLOYEE HANDBOOK • The rule book for work • Should always include: - Rules of conduct and performance that, if violated, could cause a person Employee to lose their job with and/or without Handbook prior warning Application
- 43. THE EMPLOYEE HANDBOOK • The rule book for work • Should always include: - Rules of conduct and performance that, if violated, could cause a person Employee to lose their job with and/or without Handbook prior warning - An acknowledgement, when signed by new hire, attesting to their receipt Application and understanding of the rules
- 44. THE ORIENTATION Orientation Employee Handbook Application
- 45. THE ORIENTATION • Your last opportunity to Orientation - discuss the handbook and any rules or points of emphasis Employee Handbook Application
- 46. THE ORIENTATION • Your last opportunity to Orientation - discuss the handbook and any rules or points of emphasis Employee - confirm understanding of the rules Handbook and your expectations Application
- 47. HOW TO DOCUMENT Everything must be in writing.
- 48. HOW TO DOCUMENT Everything must be in writing. 1. Cite the rule that was broken.
- 49. HOW TO DOCUMENT Everything must be in writing. 1. Cite the rule that was broken. 2. Reference the handbook and the employee’s acknowledgment.
- 50. HOW TO DOCUMENT Everything must be in writing. 1. Cite the rule that was broken. 2. Reference the handbook and the employee’s acknowledgment. 3. Detail the relevant incident and include specific actions/words.
- 51. HOW TO DOCUMENT Everything must be in writing. 1. Cite the rule that was broken. 2. Reference the handbook and the employee’s acknowledgment. 3. Detail the relevant incident and include specific actions/words. 4. Outline the consequences of another occurrence (potential termination).
- 52. HOW TO DOCUMENT Everything must be in writing. 1. Cite the rule that was broken. 2. Reference the handbook and the employee’s acknowledgment. 3. Detail the relevant incident and include specific actions/words. 4. Outline the consequences of another occurrence (potential termination). 5. Have the employee acknowledge receipt of the communication in writing.
- 54. MISCONDUCT REVISITED Did the applicant know about the rule?
- 55. MISCONDUCT REVISITED Did the applicant know about the rule? ✓ You have a signed application,
- 56. MISCONDUCT REVISITED Did the applicant know about the rule? ✓ You have a signed application, ✓ a handbook with signed acknowledgment from the applicant.
- 57. MISCONDUCT REVISITED Did the applicant know about the rule? ✓ You have a signed application, ✓ a handbook with signed acknowledgment from the applicant. ✓ and acknowledgement of orientation in which the rules were discussed.
- 58. MISCONDUCT REVISITED Did the applicant know Did they know about about the rule? the consequences? ✓ You have a signed application, ✓ a handbook with signed acknowledgment from the applicant. ✓ and acknowledgement of orientation in which the rules were discussed.
- 59. MISCONDUCT REVISITED Did the applicant know Did they know about about the rule? the consequences? ✓ You have a signed application, ✓ You have a signed copy of ✓ a handbook with signed the communication of acknowledgment from the consequences, indicating applicant. acknowledgement. ✓ and acknowledgement of orientation in which the rules were discussed.
- 60. YOU AND YOUR LIABILITY
- 61. YOU AND YOUR LIABILITY • Liability is based on the Employee’s Base Period
- 62. YOU AND YOUR LIABILITY • Liability is based on the Employee’s Base Period • Base period is defined by • The first four of the last five completed calendar quarters of employment preceding the claim
- 63. YOU AND YOUR LIABILITY more applicable version: Your liability for any employee begins on the first day of the second full calendar quarter.
- 64. YOU AND YOUR LIABILITY more applicable version: Your liability for any employee begins on the first day of the second full calendar quarter. You have 91-179 days to evaluate any new hire.
- 66. MISCONDUCT RE-REVISITED Fantasy
- 67. MISCONDUCT RE-REVISITED Fantasy You want to terminate someone for incompetence
- 68. MISCONDUCT RE-REVISITED Fantasy You want to terminate someone for incompetence You cannot.
- 69. MISCONDUCT RE-REVISITED Fantasy You want to terminate someone for incompetence You cannot. If they are incompetent, why did you hire and keep them?
- 70. MISCONDUCT RE-REVISITED Fantasy Fact You want to terminate someone for incompetence You cannot. If they are incompetent, why did you hire and keep them?
- 71. MISCONDUCT RE-REVISITED Fantasy Fact You want to terminate ✓ You can terminate someone for someone for failing to incompetence perform in a manner of which he/she is capable. You cannot. If they are incompetent, why did you hire and keep them?
- 72. REMEMBER
- 73. REMEMBER • When you are notified of a TWC Claim, the most important thing you can do is respond within the provided time frame.
- 74. REMEMBER • When you are notified of a TWC Claim, the most important thing you can do is respond within the provided time frame. • Respond with the documentation at your disposal. Verbal warnings are okay as long as they are documented in writing.
- 75. REMEMBER • When you are notified of a TWC Claim, the most important thing you can do is respond within the provided time frame. • Respond with the documentation at your disposal. Verbal warnings are okay as long as they are documented in writing. • Ask for help – even if it’s from the TWC.
- 76. REMEMBER • When you are notified of a TWC Claim, the most important thing you can do is respond within the provided time frame. • Respond with the documentation at your disposal. Verbal warnings are okay as long as they are documented in writing. • Ask for help – even if it’s from the TWC. It’s all about the documentation.
- 77. THE BEST RESOURCE NO ONE KNOWS ABOUT (OR USES)
- 78. THE BEST RESOURCE NO ONE KNOWS ABOUT (OR USES) The TWC
- 79. THE BEST RESOURCE NO ONE KNOWS ABOUT (OR USES) The TWC Labor
- 80. THE BEST RESOURCE NO ONE KNOWS ABOUT (OR USES) The TWC Labor Public
- 81. THE BEST RESOURCE NO ONE KNOWS ABOUT (OR USES) The TWC Labor Employers Public
- 82. THE BEST RESOURCE NO ONE KNOWS ABOUT (OR USES) The TWC Labor Employers Public a team of lawyers is standing by at: (800) 832-9394
- 83. FINALLY
- 84. FINALLY • History tells us that on the first day of work, a new hire’s behavior is the best it will ever be.
- 85. FINALLY • History tells us that on the first day of work, a new hire’s behavior is the best it will ever be. • Look for early warning signs and address them ASAP.
- 86. FINALLY • History tells us that on the first day of work, a new hire’s behavior is the best it will ever be. • Look for early warning signs and address them ASAP. • Make your cuts before you incur liability.