Writing an Unemployment Claim Response That Actually Helps Your Case
Why vague responses create more questions than answers.
The first opportunity an employer has to explain a separation is typically the written initial claim response. It gives the adjudicator an account of events from the employer's perspective.
If the employer’s response reinforces the foundation of events already established by the claimant, the investigation often moves forward from there. If it creates cracks in that foundation or raises more questions than answers, the adjudicator must spend additional time determining what truly happened before they can make their claim determination.
In Oregon, adjudicators generally contact both the employer and the claimant to verify information and gather additional facts before making a determination. Even so, employers should never assume there will be another opportunity to clarify or supplement their response. A thorough initial response gives the adjudicator the best possible understanding of the employer's view from the start.
Don't Make the Adjudicator Guess
A clear and complete response not only reduces the risk of important details about the separation being overlooked, it also gives the adjudicator a clearer understanding of the employer’s version of events. Without that context, the adjudicator must spend additional time determining which questions will get to the heart of the matter.
The less guesswork required, the more efficiently the investigation can move forward. That helps the adjudicator focus on resolving the issues rather than trying to piece together what happened.
Many employer responses are so brief that they raise more questions than they answer. Common examples include:
"Attendance."
"Poor performance."
"Violation of company policy."
"Insubordination."
While these statements identify the reason for separation, they do little to explain the circumstances surrounding it.
What the Adjudicator Wants to Know
An effective response doesn’t just fill in the blanks on the initial Request for Separation Information form. It also includes the details that answer the questions an adjudicator is likely to ask during the investigation.
Describe the events that led to the separation rather than using labels or conclusions. Be sure to include the facts, dates and times for the events as this will help paint a picture that explains the reason for the separation.
The goal is not to write a novel but to provide enough relevant information for the adjudicator to understand the circumstances surrounding the separation. The clearer the employer’s response, the easier it is for the adjudicator to focus on the facts that matter.
Deadlines Don’t Care
Many employers are often managing multiple priorities, and unemployment claims rarely arrive when it is convenient. Going through files, gathering records, speaking with supervisors, witnesses and assembling facts takes time. When these competing demands run into a response deadline, meeting the deadline comes first.
If the employer doesn’t have all the information immediately available, they should still submit a timely response and provide supplemental information as soon as possible to protect their rights. Any request for additional information from the unemployment department should also be answered promptly and thoroughly.
Employers aren't the only ones working under deadlines. Adjudicators also have timeframes for completing their investigations and issuing determinations. That is one reason requests for additional information often include short response deadlines.
The unemployment agency can only make its determination based on the information available when the decision is made. Because employers never know whether they'll have another opportunity to provide additional information, they should make their initial response as complete as reasonably possible.
More Than Meeting the Deadline
Every employer develops a process for responding to unemployment claims. Some gather information and submit a detailed initial response. Others respond quickly and supplement the record later as additional information becomes available. Some rely on outside assistance. Others handle claims entirely in-house.
The approach itself is only part of the equation.
The more important question is whether the information provided gives the adjudicator a clear understanding of the separation and addresses the issues that matter most. A response can be timely, factual, and well intentioned, yet still leave important questions unanswered.
Meeting the deadline is essential. Providing information that helps the adjudicator understand what actually happened is a different challenge altogether.
Every unemployment claim comes with its own facts, challenges, and circumstances. If this article made you realize there's more to an unemployment claim than you first thought, imagine what you could learn by seeing your claim through the eyes of a former unemployment adjudicator.