UI Forum (ADP Unemployment Group)

First Quarter 2018

What’s in the UI Forum? Topics include the latest changes to Unemployment Insurance (UI) laws across the country and tips on how to get the most out of your ADP service.


Keeping effective documentation can help determine whether or not a claimant will be awarded unemployment benefits. Let’s look at this in more detail.

How to Obtain Effective Written Statements for Unemployment Cost Avoidance
When investigating employees for possible violation of company policy, it’s important to obtain detailed written statements from all involved parties and witnesses. In the event an employee is discharged, your company will be able to provide ADP with strong first hand documentation for protesting the unemployment claim and thereby avoiding unnecessary unemployment cost. The following are elements of a good written statement:

  • The Violation: A detailed synopsis of the event that occurred including all facts, dates/times, frequency, and witnesses’ first and last names.
  • Witness Statements: When available, request statements from several witnesses so that more than one person can testify with firsthand knowledge should an unemployment hearing arise.

Tip: A good written statement should not cast an opinion or judgement. Instead, it should offer details on rule violations and avoid general statements and hearsay. Remember that the writer knows what happened, but the state UI agency does not, so be as specific as possible.


Several states have enacted recent law changes that you should understand:

In December 2017, the Alabama Department of Labor repealed Rule No. 480-4-3-.37 which addressed the adjudication of a UI claim following the completion of an assignment through a temporary staffing agency.

This Rule, first established in Alabama in October 2005, provided that upon the completion of a temporary assignment, the claimant was required to make contact with the temporary staffing agency to request placement on a subsequent suitable assignment. Failure to do so was adjudicated as a voluntary quit with a disqualification of up to ten times the claimant’s weekly benefit amount.

Once effective, a claimant’s unemployment that results from the end of a temporary assignment through a staffing agency will be adjudicated as a lack of work—regardless of if he/she contacts the agency to be placed on a subsequent assignment.

The burden now falls upon the staffing agency to make an offer of suitable work to such an unemployed worker. Should that new assignment be accepted, he/she would presumably cease filing for UI benefits and this repeal would be moot. If the new assignment is refused, and a current, valid UI claim exists, the work refusal can be provided to the Alabama Department of Labor for adjudication. For specific criteria and timeframes surrounding the reporting of a work refusal, please contact your ADP Customer Service Representative.

Effective with all UI claims filed on or after January 1, 2018, the Kentucky Division of Unemployment Insurance (DUI) has reduced the protest period from fifteen calendar days to either twelve or ten calendar days.

Prior to this change, both the UI-412A Notice to Employer of Claim for Unemployment Insurance Benefits and the UI-412 Notice of Potential Benefit Charges forms allowed for fifteen days in which to provide a timely protest.

As a result of this change, both forms will now be due sooner. If the claim is received and transmitted back to the DUI electronically, the due date is twelve days. As your TPA of record, ADP has been live on UI SIDES with the DUI since September 2013. This exchange is considered to be “electronic,” and as such, provides for a twelve-day deadline.

Should a hardcopy claim be issued, a response will be required within ten days.

If you receive hardcopy UI documents directly from the DUI, it is imperative that you contact your Customer Service Representative to ensure ADP is able to respond timely on your behalf under these new shortened timeframes.

The Oklahoma Employment Security Commission (OESC) modified its reasonable assurance law Oklahoma Statutes Title 40, Section2-209.1, to require that unemployment benefits based on employment with an educational service contractor be payable on the same terms as for other service or employment subject to the Employment Security Act, where reasonable assurance of employment is applicable.

The above statutory change became effective with claims filed on or after November 1, 2017.

More information, including the definition of an “educational service provider,” can be found at: http://webserver1.lsb.state.ok.us/cf_pdf/2017-18%20ENR/hB/HB1621%20ENR.PDF

Several bills were recently signed into law in Michigan. While not effective until March 21, 2018, we want to provide you with initial information about three of these new laws. It is noteworthy that the Unemployment Insurance Agency (UIA) is still promulgating policies and procedures to support each of them, so specific details are not currently available, but will be communicated in future publications.

HB-5165 contains specific requirements for victims of identity theft, and their employers, to report imposter UI claims to the UIA, and once reported, required actions by the UIA.

HB-5166 identifies penalties and sanctions for any party found to have willfully committed a fraudulent act or willfully failed to comply with the provisions of the Michigan Employment Security Act.

HB-5168 amends initial claim filing and work search requirements. ADP will provide additional information that is relevant and impactful as it become available. If interested, the actual endorsed bills can be found at:


It bears repeating these are not effective until March 21, 2018.

In an effort to mitigate the effects of UI fraud, the South Carolina Department of Employment and Workforce (DEW) created a workplace poster for all South Carolina employers.

The Wisconsin Department of Workforce Development (DWD) has announced modifications to its benefit claim filing process as a result of eliminating its phone filing option for claimants earlier in 2017. An online filing process was implemented in both English, and most recently, Spanish.

As a result of the elimination of the phone filing system, and addition of online filing in Spanish, the workplace poster Notice to Employees About Applying for Wisconsin Unemployment Benefits (UCB-7-P) became outdated. To allow Wisconsin employers to remain compliant, that document has been updated with the expectation that employers will print a copy and replace the prior one.

Claim filing website: https://my.unemployment.wisconsin.gov

UCB-7-P workplace poster: https://dwd.wisconsin.gov/dwd/publications/ui/notice.htm

Per the DWD, all questions or concerns should be directed to the agency via their Employer Assistance Line at 414/438-7705.

The following WBA updates are effective with all new UI claims filed on or after January 1, 2018.

The maximum WBA increases from $592 to $619.

The maximum WBA decreases from $510 to $506.

The minimum WBA increases from $49 to $51 while the maximum WBA will remain the same at $566.

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The information provided in this document is for informational purposes only and not for the purpose of providing legal, accounting, or tax advice. The information and services ADP provides should not be deemed a substitute for the advice of any such professional. Such information is by nature subject to revision and may not be the most current information available.

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