How proper terminations and disciplinary action can lower unemployment insurance
costs
n employee has failed to follow your company's policy in reporting his absence.
You remind him that this is the third time you and he are discussing this
issue and there has yet to be any improvement. Furthermore, given his poor
performance in general, you have no recourse but to fire him. The employee
files an unemployment claim against your company. Will he be successful?
It depends....
You can improve your chances of successfully appealing such claims and
help keep your company's SUI costs to a minimum. Start by following a few
simple guidelines:
Make your expectations crystal clear.
The first precaution is to clearly communicate your policies and procedures
before infractions occur. Protect yourself by having each employee sign
a document stating that he or she has read and understands your company
policies.
Document all warnings.
In an appeal hearing, when it's your word against an employee's, the benefit
of the doubt often goes to the employee. Protect yourself by documenting
every disciplinary action and warning.
- Your document should give the date of the disciplinary discussion,
clearly identify problem behaviors and specify a corrective action plan.
- The document should state clearly that failure to change the problem
behavior will constitute grounds for the employee's termination.
- Have the employee sign as an acknowledgment that he or she has received
your warning. If the employee refuses to sign, obtain the signature of
a witness.
Maintain a professional atmosphere.
If all corrective measures fail, you may have no choice but to discharge
the employee.
When that happens:
- Discharge the employee on the day of the final incident, if possible.
Or suspend the employee until a discharge can occur.
- Avoid arguments and emotional discussions of the employee's past performance.
Simply state in a factual manner the reasons for the termination. Remind
the employee of your prior disciplinary actions and warnings.
- Again, document your reasons for the termination and have the employee
sign the document.
Remember, when you appeal an unemployment insurance claim, facts count,
opinions do not. By establishing, following and documenting a course of
progressive disciplinary action, you can protect your company against unwarranted
claims and unnecessary SUI costs.
ADP is offering seminars on "How to Discipline
and Discharge, While Avoiding Litigation." To find out more, link
to the article in this newsletter for more information.
Also, ADP Unemployment Compensation Management Services offer professional
consultation and administrative support for managing your claims. ADP can
even represent you during an appeal.
States revamping their requirments for new
hire reporting
Faced with an October 1st deadline, state governments are busy revamping
their new hire reporting programs. This could mean a new reporting requirement
for your company-plus extra confusion if you have employees in many states.
The states are rushing to comply with a new law that creates a National
Directory of newly hired employees. This will help to track down delinquent
payers of child support and other obligations, and to reveal fraud and abuse
by ineligible claimants of public assistance.
Some states currently have no reporting standards, so they will be busy
establishing programs in the near future. Other states have reporting requirements,
but may be modifying them to comply with federal guidelines. Still others
may request more information, or require you to report sooner than called
for by the federal guidelines-with monetary penalties if your company fails
to comply.
Twenty days to report, with fines of up to $500.
Under the national guideline, every employer, regardless of size, must report
new hires to the state on Form W-4 or an equivalent no later than 20 days
after the hire, or twice a month if reporting electronically or magnetically.
States may impose fines up to $25 on non-complying employers for each
employee not reported, or $500 if the employer and employee have conspired
to avoid reporting.
Multistate employers face additional complexity.
To ease the administrative burden, multistate companies may "select"
a single state for all their new-hire reporting. However, that particular
state may not have the capability to process reports in the formats of other
states. Furthermore, some states will require additional data not called
for by the national standard. The "state of choice" provision
may be of little help in such states. In any event, you would be well-advised
to stay informed of the requirements in your state.
ADP's New-Hire Reporting Service can take this worry off your hands.
Whenever you hire a new employee, your payroll department simply enters
the employment date, birth date and other personal information into payroll,
as it normally would. We transmit the necessary new-hire information to
the appropriate state agencies. |
ADP employees volunteer time and expertise
for Ohio flood relief
When the Ohio and Licking Rivers flooded last March, 17 counties in the
Greater Cincinnati and Northern Kentucky area were declared disaster areas.
That's when 30 ADP employees from the Cincinnati region volunteered to work
at the Red Cross headquarters. They processed calls, drove Red Cross vans
and assembled care packages for homeless families. They provided help wherever
it was needed.
Some ADP volunteers even provided their professional expertise to create
databases of damage assessment reports, relief workers and corporate contributors.
This eliminated countless hours of duplicate data entry and allowed the
Red Cross to focus on what really mattered: aiding flood victims.
"We expect the flood relief effort to continue for another two months,"
explains Christina Belding, a National Accounts implementation specialist
at ADP. "The Red Cross received thousands of donations and had hundreds
of volunteers. Our database will be used to send thank you letters to all
these people." |
New ADP e-XPENSE offers a completely automated travel
& expense management system
It's no surprise that employees dislike reporting travel and expenses.
It takes even more time away from the work they need to catch up on. By
the same token, employers would rather not devote administrative resources
to processing these reports. Now there's an automated alternative that will
make everyone happy- by streamlining the expense-reporting process.
ADP's new e-XPENSE Services offer a comprehensive Travel &
Expense Management System which lets you automate your T&E process using
your existing PC network and e-mail. You can electronically distribute e-XPENSE
software to your employees. After that, they use e-mail and/or a telephone
voice response system to submit their expenses.
With e-XPENSE, you can set your company's T&E rules and have
it automatically verify compliance. It supports credit card charge feeds,
on- and off-line manager approval, direct deposit employee reimbursement,
receipt scanning to CD-ROM and detailed receipt auditing. You can install
e-XPENSE as an on-site software system, or use it as a totally off-site
processing service.
"With e-XPENSE, companies can select a T&E administration
solution that fits their business needs while lowering overall processing
costs, reducing fraud, improving expense control, and increasing employee
satisfaction," says Robert Brandes, vice president and general manager
of ADP's e-XPENSE Services business.
For more information on e-XPENSE, call (201) 994-6701.
HR/Perspective gives apparel retailer "custom-tailored"
information
Thanks to a new ADP service, Domenick Gramuglia
has a much clearer picture of
his company. Dom is the payroll and HR manager of Group USA, a discount
retailer of women's apparel and accessories. Not only must he keep track
of payroll, benefits and staff turnover, he must analyze subsets of the
data, such as the wide company absence rate and variations in health-care
costs from state to state.
With HR/Perspective, a comprehensive Windows-based HR Information System,
Dom can manage this multiplicity of data quickly and easily. "It's
really user-friendly and its reporting capabilities are fantastic,"
says Dom enthusiastically.
"I can look at compensation by business unit and do meaningful comparisons.
With a quick click of a mouse, I've got the information I need to analyze
management needs and make personnel decisions based on that information."
What about the other HR information systems? In Dom's opinion, "HR/Perspective
just blows them away!"
For more information on HR/Perspective, contact your ADP Major Accounts
Representative.
HELPFUL HINTS
FOR 401 (K) PLAN ADMINISTRATORS |
It's that time again ... IRS Form 5500 is due to be filed by July 31st.
The IRS Form 5500 is "the 1040" of 401(k) retirement plans. Most
calendar year plans must file this form by July 31st. The IRS estimates
that it takes 100 hours to complete. Who prepares this form? Full-service
401(k) providers usually include 5500 preparation as part of their one-stop
shopping approach. Government filings are simply part of the package. These
providers already have the necessary information, since they've administered
your plan throughout the year.
Plans that are not full-service usually rely upon a third party administrator
to prepare your 5500 filing. This company gathers data about your plan from
various sources (payroll, trustee, investment managers, etc.) and prepares
your 5500 filing. |
Now is the time to gather and review your data.
Regardless of who will prepare your form, now is a good time to start
preparing the data. Pull out and review the following reports (this can
be facilitated by having a full-service provider):
- Year-end plan valuation report
- Trust report
- Participant data on past and present employees
- Plan amendments
If you find inconsistencies or have any questions, talk to your 401(k)
plan provider. Beginning now will make it easier for you to file by July
31st, as most plans must do. Should you need more time, a one-time extension
of up to two months is available-if requested in "sufficient time."
That's rarely necessary when a full-service provider consolidates your plan |
For more information on ADP 401(k) Plans, please click
here
or call 1-800-432-401k. |
New ADP offering frees accountants
to focus on strategic services
ccountants like to differentiate themselves by offering high-level consulting
and service. But that's hard to do when they're bogged down with administrative
work like payroll processing, W-2 preparation and quarterly tax deposits.
AccountantPay offers a smart alternative. This low-cost PC payroll software
package is electronically linked to a collection of ADP payroll tax-filing
and direct deposit services. This gives accountants a more cost-effective
way to offer:
- Depositing, filing and reconciling of all payroll taxes
- Guaranteed compliance with the latest tax regulations
- Responses to all federal, state and local agency inquiries and tax
notices
- Guaranteed protection against penalties and interest payments on late
or inaccurate payroll tax filings and deposits
Of course, if you're an ADP client, you can benefit from these services
directly.
For more information about AccountantPay, please call your local ADP
Account Representative, or call 1-800-763-8729 |
Helping Employees
Focus on What Matters
After extensive research with focus groups and the development of hundreds
of tag lines, "Focus on what matters" has emerged as ADP's new
positioning statement.
"As companies look for ways to devote more of their resources to
profit-making activities, we want to underscore the value of relying on
our solutions," says Brandy Locher, vice president of Marketing Services.
"The new tag line stresses that benefit, emphasizing the reason employers
should turn to ADP - to alleviate burdensome administrative responsibilities
in order to focus on their core business issues. It also positions us more
broadly as we expand beyond payroll into HRMS solutions, benefits administration,
and employee leasing."
|
ADP offering seminars on "How to
Discipline and Discharge, While Avoiding Litigation"
As an employer, you need to comply with statutory laws regarding discipline
and terminations. All it takes is one valid employee claim to red flag your
organization. Losing an unfair practice claim can result in lawsuits, high
legal expenses and costly penalties. This will directly affect your company's
hard-earned profits.
To help reduce this risk, plan to attend the ADP Seminar on "How
to Discipline and Discharge, While Avoiding Litigation." This seminar
will help you improve the performance of employees who need corrective action-and
terminate those who are not adding value to your business-all in a way that
minimizes your legal exposure. The $110 fee includes breakfast, lunch and
all seminar materials. For dates and locations near you, and to register,
please call 1-800-588-5030.
|
Drop by and see us at these
trade shows!
Stop by the ADP booth at these shows to see how our full range of employer
services solutions can help your business. |
Dates |
Location |
Sponsor |
Show |
Info & Reservations |
June
1-4 |
Washington State
Convention & Trade
Center, Seattle, WA |
IHRIM |
International Human Resource
Information Managers
- HR information technologies and solutions
- New products
|
(214) 661-3727
Peggy Brock |
June
22-25 |
San Diego Convention Center,
San Diego, CA |
SHRM |
Society for Human
Resource Information Management - products & services of interest to
the HR professional |
(703) 548-3440
Christine Klein |
Your suggestions for topics for ADP Advisor are welcome.
Please address your correspondence to:
ADP Employers Services
Marketing Communications MS#245
One ADP Boulevard
Roseland, NJ 07068
Margit Rademacher, Managing
Editor |
ADP publishes the ADP Advisor free of charge
to its clients. It is accepted with the understanding that the publisher
is not engaged in the business of rendering legal or accounting services.
If legal, accounting or other professional assistance is required, the service
of an attorney or a certified public accountant should be sought. |
AutoPay and Total Time are registered trademarks; HR/Perspective,
SoftPay, e-XPENSE and AccountantPay are trademarks; EasyPay, FSDD,
PC'/Personnel and HR Assistant are service marks of ADP, Inc. ADP is a registered
trademark of ADP of North America, Inc.
All other product names are trademarks or registered trademarks of their
respective companies. Windows is a trademark of MicrosoftCorporation.
11-245-057 375M Printed in USA ©1997 Automatic Data Processing, Inc. |
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