Employer responsibilities during the unemployment process

Learn what you need to do if a former employee files an unemployment insurance claim.

Employers are responsible for informing employees that they can apply for unemployment benefits when the employee is separated from employment.

When an employee files a claim, former employers need to provide information to the Department of Unemployment Assistance (DUA) about that claim.

Notify employees about their eligibility

Within 30 days of temporary or permanent separations, you must give impacted employees a copy of How to Apply for Unemployment Insurance Benefits (Form 0590A). Give this information to impacted employees as soon as possible.

Be sure to:

• Give them their copy in person. Only mail it if necessary.
• Write your Federal Employer Identification Number (FEIN) and mailing address on the pamphlet.

How eligibility is determined

Employees may be eligible for unemployment insurance if the separation is not their fault, which may include separations due to:

• Layoffs
• Being fired for reasons not related to deliberate misconduct or violation of employer rules or policies
• Quitting for reasons that can be attributed to the employer
• Quitting for urgent, compelling, necessary reasons

Learn more about unemployment eligibility for claimants 

Respond to requests for information about claims

If a former employee files a claim, DUA will send you a request to verify the information they submitted. When you respond, you’ll be able to protest the claim or report it as fraud.

You can respond to these requests in your Unemployment Services for Employers account.

How to respond to fact-finding requests 

If you do not respond to this request, you may:

• Lose your right to protest benefit charges to your account (even if you would normally be relieved of those charges)
• Lose your right to be notified of the eligibility determination or your ability to appeal that determination
• Lose your right to participate in hearings if a former employee files an appeal. You can still attend, but you will only be a witness. You can’t introduce evidence, question the former employee, or examine other witnesses.

Review determination notices and charges

If someone who worked for you in the last 8 weeks applied for unemployment, you are an interested party (IP) in their claim. If you respond to the request for information accurately and on-time, you’ll be notified of decisions about their claim.

Appealing claims decisions

If you disagree with an approved claim, you have 10 business days from the date of the notice of approval to file an appeal.

How to appeal as an employer 

Ongoing claim activity

While a claim is open, you may need to review and respond to ongoing activity.

Reopened claims

If a claimant stops receiving benefits and later reopens the claim, DUA may send you another fact-finding request. Be sure to respond quickly and accurately to protect your rights to appeal or protest any charges. 

Refusing a recall

If a claimant is recalled to work but fails to report, call DUA at [phone] to report it as soon as possible. 

You will need to provide:

• The employee’s name, social security number
• The type of work they did for you
• The date they were recalled
• How they were notified of the recall
• How the work was refused (phone, text, in person, etc) and on what date 

DUA will determine if the claimant had good cause for not returning to work. If there was not good cause, they may be denied benefits.

Additional resources