The First Annual OPSUCA Workshop was a great success! Over 100 attendees gathered at Francis Tuttle Reno campus on Wednesday, January 12th to hear the line-up of speakers discussing unemployment and schools.

Barbara Ramsey provided valuable insight into the new online employer portal to be used to submit your quarterly wage report (OES-3) to the OESC. This report is due by the end of the month following each quarter. Therefore, your 4th quarter 2010 wage reporting is due January 31, 2011. Because of a few kinks that need to be worked out of the portal, you may still file your wage reporting for the 4th quarter 2010 only on paper as you have done before. But, by the next wage reporting deadline (April 30, 2011), you will need to use the online employer portal.

Jim Polly presented an overview of the unemployment process. He advised to protest all claims possible, unless they are lack of work. To explain this, I will tell you about the three general types of claims:

Misconduct
Misconduct is the OESC term for discharging someone for “cause.” These claims should always be protested. And, if you went through due process to discharge the employee, you likely have all the paperwork already organized to send to the OESC if/when that person files for unemployment. Misconduct claims are hard to prove without written warnings. It is best to be proactive with employees by always warning in writing and getting the employee’s signature on the warning to show that she or he was aware of the warning. Also, it is always helpful to be specific with the employee when his or her job is in jeopardy. When you warn that further violation will result in possible termination, you are better safeguarding against paying unemployment if that employee files for unemployment after discharge from employment.

Voluntary Quit
Voluntary quit is exactly what is sounds like: someone has voluntarily resigned from working for you. These claims should always be protested as well. It is not always the case that those who quit will be denied benefits, as there are some exceptions in our state’s unemployment law which allows Claimants benefits. For instance, if an employee quits to escape domestic violence, she or he will likely be allowed unemployment benefits. Likewise, if an employee quits to move with a spouse’s employment, then she or he will be allowed benefits. To contrast, an employee who quits rather than being terminated will not be allowed benefits. There are more specific situations – some which allow benefits and some that don’t. The reason for your employee quitting is key! Always get a resignation letter that provides a reason for quitting.

Lack of Work
Lack of work claims are those you won’t likely win. These are your reduction in force, substitutes, and temporary contract non-renewals (unless for cause). It is important to still respond to these claims, even though they are not likely winners. OPSUCA can still help you minimize these claims by exploring other ways to disqualify the Claimant, when possible. Other factors like declining offers of work after she or he filed for unemployment or receiving retirement or disability payments can reduce the unemployment costs for that employee.

Karl Jahnke presented 26 Ways to Avoid Losing Your Claim on Appeal. This was especially helpful for those who often face telephone appeal hearings before the OESC. He shared that the most important things you can do is be prepared (with your paperwork and witnesses), show up!, and keep it simple (no fancy theories). Obviously, there were more tips, and all were helpful!

Lastly, Jessica Sherrill, Director of OPSUCA, addressed the audience about OPSUCA. We stressed the importance of winning your unemployment claims. Far too many schools don’t protest their unemployment claims or don’t know how to effectively protest their claims. You could be losing $7,400 for each employee who files for unemployment in 2011. It is so important to protest all claims possible as Jim Polly mentioned, but it’s also important to answer unemployment claims using the language the OESC understands and with responses that use unemployment law as the basis for the protest. This is where OPSUCA really shines for its membership. We understand both school law and unemployment law, and we are able to speak the language to the OESC to best represent you! If you are not currently a member of OPSUCA, we urge you to explore our services, because we can make a difference in your unemployment costs!

Thank you to everyone who made this workshop a success: Barbara Ramsey, Jim Polly, and Karl Jahnke from the OESC, along with Martha Stewart, Jullie Stokes, Kelly Ross, Amanda Jones, Lindsey Workman, and Nash Thomas of OPSUCA. Also, thank you to the Francis Tuttle Reno campus for allowing us to host our workshop at their facility.

If you are interested in inviting OPSUCA for a training in your area, please let us know! At this time, we are anticipating a training in Tulsa in April 2011.