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Software Club 210: Light Red
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1997-01-01
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@077 CHAP ZZ
. TIPS ON REDUCING THE UNEMPLOYMENT TAX BITE.
In most states, the unemployment tax rate you pay as an
employer is one of the few taxes where you have some control
over the rate of tax you pay. The state usually maintains
a reserve account for each employer, in which it monitors
the unemployment taxes you pay in and the unemployment
benefits it pays out to your former employees. The more
benefits the state pays to your ex-employees, the higher
your company's unemployment tax rate will be and vice versa.
So it pays to have as few ex-employees as possible collecting
unemployment benefits that are charged to your reserve
account.
To succeed in keeping down such claims charged to your
account, you need to vigorously challenge any ex-employees'
claims that appear to be unjustified. Occasionally, you may
be surprised to learn that an employee you had fired for
stealing or who had quit on you has filed for benefits and
has lied about his or her reasons for leaving. In general,
an ex-employee cannot collect unemployment based on his or
her work for you if the employee left your employment for
one of these reasons:
. Refusal to work;
. Voluntarily quitting, on his or her own accord;
. Inability to continue work due to illness,
injury, etc.; or
. Discharge for misconduct, such as theft, not
showing up for work, etc.;
An employee who leaves your employ for virtually any other
reason (such as being fired for incompetence) can generally
collect benefits, which will cost you money by raising your
unemployment tax rate.
The following are some tips on how you can keep down the
number of unemployment claims filed against your account
(not all of these apply in every state):
. Be aware, when you are hiring, of the cost if
you have to lay people off. You may hire a
number of new employees for an expansion or new
project with the view that if things do not
work out as planned, you will simply lay them
off and cancel the project with no further cost.
Count the cost. Remember that if you do have to
lay them off, you may be paying a much higher
unemployment tax rate for several years as a
result.
. Document in writing your reasons for firing an
employee, if for reasons such as theft,
insubordination, absence, or intoxication on the
job (but be careful of possible slander or libel
exposure). Doing so will buttress your argument
that the fired employee is not entitled to
benefits if he or she should file a claim with
the state.
. Be aware that if you change an employee's hours
of work and he or she quits as a result, it will
be considered INvoluntary dismissal and the
employee will probably be eligible for benefits.
So it pays to have a written agreement signed by
the employee to work any shift, hours, weekends,
etc., that are required.
. If you decide to fire someone for misconduct,
do it on the spot. If you keep them on at your
convenience until you find a replacement, it
will usually NOT be considered a discharge for
misconduct, and the fired employee will most
likely be eligible for benefits.
. If new employees do not work out, consider
terminating them before they have worked for you
long enough to earn unemployment benefits that
are chargeable to your reserve account (3 months,
in many states).
In general, it pays to keep a close eye on your employer
reserve account and be aware of who is filing benefit
claims that will cost you money. With the advice of your
lawyer, contest any claims that you do not feel are
legitimate.
@CODE: AZ AR CA CO IN KS KY LA ME MI MN MO NB NJ NM NY NC ND OH PA SD WV WS
Another way to reduce your company's state unemployment rate
is to use a provision of the state's unemployment tax law
that allows an employer to make a VOLUNTARY contribution
to its unemployment insurance account, in effect "buying
down" your tax rate. While a voluntary contribution may not
result in a tax savings for your business, in the right
situation the tax reduction can be very substantial.
Voluntary contributions of unemployment tax are allowed
in almost half the states, including @STATE.
Before making a voluntary contribution of unemployment tax,
you should first have your CPA run the numbers, to see if
doing so will be beneficial for @NAME.
@CODE:OF