646 Ind. Admin. Code 5-7-2

Current through May 29, 2024

Section 646 IAC 5-7-2 - Separating and base period employer notices; protests

Authority: IC 22-4-18-1; IC 22-4.1-3-3

Affected: IC 22-4; IC 22-4.1

Sec. 2.

(a) Whenever an individual files an initial claim for unemployment benefits, the department shall issue notices to the claimant's last employer prior to the filing of the claim, and to all of the claimant's base period employers, informing these employers of the filing of the claim, and requesting the submission of information regarding the claimant's separation from employment. The notices also inform the employers that their experience account is potentially chargeable for benefits paid to the claimant.

(b) If the claimant has been separated for any of the following reasons, the employer shall file a protest setting forth the separation circumstances, and the form of protest, from publicly available department policy, will be set forth on the employer notice:

(1) Voluntarily left the employment without good cause in connection with the work.

(2) Was discharged for just cause.

(3) Was discharged for gross misconduct in connection with his or her work.

(4) Left due to the claimant's physical condition.

(5) Left to accept other employment.

(6) Left to enter self-employment.

(c) An employer shall file a protest when the following circumstances exist with regard to a separated claimant; and the form of protest, from publicly available department policy, will be set forth on the employer notice:

(1) The claimant is entitled to:

(A) vacation pay;

(B) payment in lieu of vacation;

(C) standby pay; or

(D) wages in lieu of notice.

(2) The claimant is receiving, or will receive, retirement pay.

(3) There are other circumstances, of which the employer is aware, that are potentially disqualifying for claimant benefits.

(d) An employer protest under this section must be filed with the department, as set forth on the notice, within ten (10) days of the date the notice was sent by the department.

646 IAC 5-7-2

Department of Workforce Development; 646 IAC 5-7-2; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA

Readopted filed 11/27/2017, 3:22 p.m.: 20171227-IR-646170447RFA

Filed 2/25/2019, 2:18 p.m.: 20190327-IR-646180408FRA, eff 3/30/2019

Readopted filed 6/16/2023, 1:21 p.m.: 20230712-IR-646230344RFA