Don't Tell It To The Judge

Entrepreneur,  June, 2000  by Steven C. Bahls,  Jane Easter Bahls

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A greater danger is that the informal nature of unemployment compensation hearings may catch you off guard. It's easy to go to a hearing without being prepared and make offhand comments about your relationship with the employee, not realizing that you're creating a record under oath that may be used against you later in court.

WATCH YOUR STEP

Here are some steps to take to avoid problems:

* Choose one person to receive and deal with unemployment compensation paperwork, and ask the state UI office to send everything to that person. That way, you're less likely to miss deadlines.

* Provide adequate documentation. State what rule the employee violated and whether the employee was aware of it, or when and how the employee was warned about performance.

* For each claim, decide whether it's advisable to contest it--especially if it's a close call. In some cases, fighting the UI claim just makes the employee mad enough to sue over something else.

* If you decide to contest a claim, prepare your case in time to present it at the first hearing, which may be your only opportunity to submit documents and call witnesses.

* Get your attorney involved right away if you're going to contest a claim, so you can plan strategy and be prepared.

Steven C. Bahls, dean of Capital University Law School in Columbus, Ohio, teaches entrepreneurship law. Freelance writer Jane Easter Bahls specializes in business and legal topics.

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