Legal Alert: New Unemployment Insurance Notice Requirement Goes Into Effect November 2, 2020

Posted on Oct 30, 2020 by

The Wisconsin Department of Workforce Development has adopted a new employer notice requirement relating to unemployment insurance benefits for separating employees.  Employers must begin to give this notice to separating employees beginning on November 2, 2020.

The new notice is in addition to the employer’s existing obligation to post notices in the workplace about unemployment insurance benefits.

The notice must be given to all separating employees regardless of the circumstances of the employee’s separation.  Failure to provide this notice could result in the employee having additional time to file an initial claim for benefits, unless the employee was otherwise aware of the availability of unemployment insurance benefits.

The notice is only that the employee may apply for benefits, not that the employee will be eligible for benefits.  The ultimate eligibility determination is made by the Wisconsin Department of Workforce Development based on the circumstances of the separation and applicable law.

The form of the notice is flexible.  Employers may provide the notice by letter, email, text message, or by giving the employee a flyer or poster containing the content of the required notice.  Notice is required at the time of separation or as soon thereafter as possible.

Employers may use the Department of Workforce Development’s model notice which can be found at: https://dwd.wisconsin.gov/dwd/publications/ui/notice.htm. The content of the Department’s model notice is as follows:

Suggested language to provide to employee:

Applying for Unemployment Benefits —
You may file an unemployment claim in the first week that your employment stops or your work hours are reduced.

See digital poster for when and how to apply for unemployment benefits (En Español | Txhais lus Hmoob

Other unemployment resources:

For help using online unemployment services or if you are unable to go online call (414) 435-7069 or toll-free (844) 910-3661 during business hours.

If you have questions about or need assistance with the new unemployment insurance notice requirement, the attorneys at McCarty Law stand ready to assist you.

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Rebecca L. Kent

Employment & Labor Law and Commercial Litigation Attorney at McCarty Law LLP
Becky assists businesses as they confront the legal questions and challenges that arise each day in the area of human resources. She provides legal services in the areas of employment and labor law and represents clients in employment and business-related litigation.
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