In addition to monetary and other eligibility issues, the LWC reviews the circumstances of job separation (for each job in the base period) and makes a determination of qualification or disqualification. The agency solicits information and documentation from both the claimant and the employer. Some employers will have provided the agency with the separation notice that provides a “full explanation” of the cause of separation.1 A not-uncommon query from clients is whether employers can be held liable for untrue statements made in the UC claim process. The defense of qualified privilege applies to untrue and defamatory statements in this context; an employer is liable only if it can be proven that the employer knew that the statements were false, recklessly disregarded their truth or falsity, or was negligent in failing to ascertain the truth.2
Base-period employers have 10 days to protest a former employee’s UC claim.3 An employer who fails to timely respond is deemed to have abandoned its right to appeal, and the agency is not supposed to consider a late response unless the employer shows good cause. If your client qualifies for UC but the employer appeals, be sure to challenge any untimely employer response.
Once a decision is made—there’s no statutory deadline—the agency issues a Notice of Qualification or Disqualification to the claimant and base-period employer. The Notice must include reasons and may be contested by either party, but by not the agency. Having multiple employers in the base period means multiple notices, each of which, if negative, require separate appeal. Sometimes a claimant’s appeal covers more than one adverse notice but the agency only dockets one appeal; usually the agency’s appeals staff will correct the situation if you ask.
Both federal and state law require that benefits be promptly paid upon any initial determination that UC is payable (whether made by the local office, an ALJ, the Board of Review, or a court), even if the opposition appeals.4 You can contest unreasonable delays or suspension of benefits pending appeals taken against your client.
- 1La. R.S. 23:1576 asks employers to file with the LWC within three days of a separation.
- 2See, e.g., Nolan v. Jeff. Par. Hosp. Serv. Dist. No. 2, 11-291 (La. App. 5 Cir. 3/13/12); 90 So. 3d 1178.
- 3La. R.S. 23:1625.
- 442 U.S.C. § 503(a)(1); La. R.S. 23:1635; see also Cal. Dep’t of Hum. Res. Dev. v. Java, 402 U.S. 121 (1971).