By Ann Holden Kendell
The underlined language below shows the new language to the statute:
Section 1. Section 96.3, subsection 7, paragraph
b, subparagraph (1), Code 2013, is amended to read as follows: (1) (a) If the
department determines that an overpayment has been made, the charge for the
overpayment against the employer’s account shall be removed and the account
shall be credited with an amount equal to the overpayment from the unemployment
compensation trust fund and this credit shall include both contributory and
reimbursable employers, notwithstanding section 96.8, subsection 5. The
employer shall not be relieved of charges if benefits are paid because the
employer or an agent of the employer failed to respond timely or adequately to
the department’s request for information relating to the payment of benefits.
This prohibition against relief of charges shall apply to both contributory and
reimbursable employers.
To make sure that there is an “adequate” response, Iowa employers should
not only participate, but provide all documents to support the termination to
Iowa Workforce Development in advance of the fact-finding interview and have
those documents available during the fact-finding interview. The employer should also have the appropriate
witnesses participate in the fact-finding interview.
If you have questions regarding unemployment claims, you should contact your BrownWinick employment law attorney.
If you have questions regarding unemployment claims, you should contact your BrownWinick employment law attorney.
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