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Q AND A's ON IOWA EMPLOYMENT
SECURITY LAW AS OF JULY 1, 1999

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WILL MY CHECK BE REDUCED IF I RECEIVE RETIREMENT PAY OR MILITARY PAY, SUCH AS PRIVATE PENSION PLANS, RETIREMENT PLANS, POLICE, FIRE AND MINERS' PENSION PLANS, FEDERAL RETIREMENT AND DISABILITY PLANS, CIVIL SERVICE RETIREMENT ACT, RAILROAD RETIREMENT BOARD PAYMENTS, IPERS, IOASI AND MILITARY RETIREMENT PAY?

The state of Iowa will only reduce your unemployment compensation check by the percent of contribution the employer made to the plan. If, while working and building your retirement funds, you paid $10 a month and the employer paid $20 into the fund, the state will deduct only 2/3 of your retirement pay from your unemployment benefits.

You will suffer o reduction if you did not work for the employer providing the payment within a year and a half prior to filing for unemployment.

WILL MY CHECK BE REDUCED IF I RECEIVE SOCIAL SECURITY?

You unemployment benefits will be reduced $1 for every $2 received in Social Security benefits. There is no deduction made if the employer is not a base-period employer (the last year and a half).

Remember you cannot voluntarily retire and draw unemployment compensation. You must be laid off, discharged without misconduct, or quit for a good cause attributed to you employer. Also, even though you are receiving retirement pay, you must continue to be able and available to accept suitable work and to actively seek such work.

HOW WILL VACATION PAY AND SEVERANCE PAY AFFECT MY UNEMPLOYMENT CHECK?

When severance pay is based on the number of weeks you pay for years of service, regardless whether it is made in a lump sum or paid on a weekly basis, it is deductible based on the number of weeks the payment represents at the hourly rate at the time of separation.

Vacation pay will only be deducted during the first week of the claim unless the employer designates the period for which the vacation pay is to apply. If the employer so states, the vacation pay will be deducted for that period designated, based on the hourly rate of pay for the number of days represented by the employer.

Vacation bonuses paid in conjunction with vacation pay are not deductible from unemployment benefits.

WHAT ARE SOME OF THE REASONS MY BENEFITS CAN BE CONTESTED

Once you apply for benefits, your claim can be contested because:

** You were discharged due to misconduct.

** You voluntarily quit without good cause attributable to the employer.

**You turned down suitable work.

** You are not able or available for work.

WHAT IS "MISCONDUCT"?

Misconduct is a willful act that is not in your employer's best interest. It must be a current act, since past acts are considered to have been condoned by your continuing employment. The act must be in connection with your employment. Some actions done while off duty and away from your workplace can be deemed to be misconduct. Things that you cannot help are not misconduct--such as inability to do the job, absences because of sickness, and simple mistakes or errors.

The employer must prove the employee's misconduct through testimony by someone with firsthand knowledge.

If you are fired for misconduct, you will be disqualified from unemployment until you have requalified.

WHAT IS "GOOD CAUSE ATTRIBUTABLE TO THE EMPLOYER?"

This issue is very complicated. However, under certain circumstances, an employee who quits her job my be eligible for benefits. You need some knowledgeable advice from your union, Legal Services, etc., before quitting a job. Here are a few reasons which are normally considered to be "good cause attributable to the employer."
  ** The employer makes a substantial reduction in your work hours, wages or benefits; or in some way changes your contract of hire. The contract of hire does not have to be written. Requiring you to move to another town or state may be good cause to quit.

** Unsafe, illegal, intolerable working conditions are reasons for quitting that are attributable to the employer  if you have made the employer aware of the situation but the employer fails to correct the conditions.

** Medical reasons are acceptable if a doctor tells you to quit work due to medical reasons, if you made your employer aware of the situation and your employer fails to accommodate your medical needs.
Listed below are just a few reasons for quitting which are not attributable to the employer and will cause disqualification:
  ** No transportation to work.

** Unable to get along with other employees.

** Personality conflict with supervisor.

** To get married or follow spouse to a new job.

** Due to injury or illness, but without the advice of a licensed, practicing physician to quit your job.

** Absent for three days without giving notice to the employer in violation of a company rule.

** Failing to return to work at the end of a labor dispute.

The penalty for a voluntary quit without good cause attributable to the employer is total disqualification from benefits until you requalify.

CAN I SAFELY TURN DOWN A JOB OFFER MADE PRIOR TO MY PERIOD OF UNEMPLOYMENT?

To be disqualified for unemployment benefits for refusing suitable work, an actual refusal must take place after you apply for unemployment. If you are offered a job a week prior to opening your claim and refuse it, you cannot be disqualified for refusing suitable work. If you take voluntary layoff, you my be disqualified. If while laid off you decide to take a vacation for a week and do not ask for benefits for that week, you may safely turn down a job. Be sure to mark your card "ON VACATION--NOT AVAILABLE." A refusal to bump a junior person does not automatically disqualify you.

HOW CAN MY CLAIM BE CONTESTED FOR MY NOT BEING ABLE OR AVAILABLE?

Your claim can be contested at any time for reasons such as these:
** No transportation.

** Unreasonable restriction on wages, hours or working conditions sought.

** No babysitter.

** Sick or injured.

** On vacation.

ONCE DISQUALIFIED, HOW WOULD I BECOME ELIGIBLE FOR BENEFITS AGAIN?

If you quit to take a better job, and are terminated by the employer after you accept the position, you have requalified. You do not even have to have started the job.

If you are disqualified for misconduct, voluntary quit, or refusing suitable work; you must return to work and earn ten times your weekly unemployment benefit. If you were to receive $140 a week, you would have to earn $1,400 to requalify for benefits.

If you are disqualified because you were not able or available, you must prove to the Workforce Development Center that you are once again able and available.

WHAT OTHER POINTERS SHOULD I REMEMBER?
** If your benefits are contested, be sure to attend all interviews and hearings. Seek help from a knowledgeable source.

** If a decision is against you, make sure you appeal the decision within the time limits set forth in the decision.

** Keep your address on file at the Workforce Development Center. You can be disqualified if you do not respond to a mailed notice to contact the Workforce Development Center.

** Don't sign any statement or form unless you agree with everything on it. Don't be intimidated into signing a statement you don't agree with.

** If you receive a fact-finding interview notice or a notice of hearing, you should request any and all documents submitted prior to the time of the fact-finding interview or hearing. You must do this in person or have a signed statement of authorization for another individual to do it on your behalf.

** Be honest on your claim form. Falsifying the form on wages earned or jobs sought may cause you to lose your benefits and subject you to criminal prosecution.

** If you are mistreated by a Workforce Development Center representative or if you have any complaint or suggestion on the program of the Workforce Development Center write to:

Iowa Department of Workforce Development
1000 East Grand Avenue
Des Moines, IA 50319

** If you are unemployed because of a plant closing, be sure to let the claims taker know; you may be entitled to greater than normal benefits.

ARE THERE OTHER PROGRAMS FOR THE UNEMPLOYED?

Yes. There is the Trade Adjustment Assistance program for those who are laid off because of foreign imports. Additional assistance may be available through the NAFTA-TAA program for those who have lost their jobs through trade with either Mexico or Canada. You can apply for these programs through the Workforce Development Center.

There are also programs available for those who are unemployed because of a disaster such as a flood, storm, etc. Again, the Workforce Development Center office handles this program.

If you have been off work and receiving temporary workers' compensation benefits or sick leave pay for a long time, you may be eligible for unemployment compensation when your are released for work and no work is available. If the release for work under temporary workers' compensation is a restricted release and the employer refused to take you back but agrees to continue your workers' compensation benefits, you should contact your union, Legal Services, etc. You may be eligible for unemployment benefits as well as temporary partial workers' compensation.

 

 


Comments or Suggestions? E-mail the Communications Officer
of Siouxland Lodge 1426 IAMAW
Greg Enright