Tag Archives: fraud

How To Lose Your Next Unemployment Comp Claim

(This post was written by Rick Dacri, April 1, 2016)

face-extreme-1554895There is nothing more frustrating than losing an unemployment compensation claim when you know the employee should not be eligible to collect. Too often, I find supervisors pulling out their hair out and lashing out at the system. How could they let this “bad employee” collect?

Generally, there are 4 disqualifying events for employees:

  1. Fired for misconduct (not performance);
  2. Voluntary quit without good cause attributed to the employment;
  3. Not available or unable to work full-time; and
  4. Not citizen or authorized to work

If any of these events are present, the employee cannot collect unemployment. Now there are nuances and interpretations, but if one of these applies, their claim will be denied.

While the system is not without faults, many times, mistakes are made by employers and ultimately costing them at the hearing. Here are 10 ways that will guarantee you a loss: Continue reading

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Workers’ Comp Fraud, The Red Flags

flag(Post written by Rick Dacri, March 16, 2016)

I received a call from a client bemoaning the fact that one of his “problem employees” was now claiming he hurt his back moving a box. The client is sure that it is fraud, because the day prior, this same employee was put on final warning for absenteeism.

Fraudulent workers’ comp claims can run havoc with any manager and company. While the actual amount of fraud in the system is relatively low (1%-5% of claims), it is still quite costly…and they make managers crazy.

Let’s talk about some of the warning signs that you and your supervisors should watch for. Continue reading

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NEW How To Make Managing Easy Webinar Series

This program has been postponed

Answers to

Complex Workplace Issues Managers Struggle With new 2

 Five, 60-Minute Webinars

Begins Wednesday, April 20 @ 2PM ET

Ask any manager what’s the hardest part of their job and you’ll hear the same thing: “Managing People!”

Not the technical aspects of their job, not the budgeting, or even the dealing with customers. It’s the people aspect of it. Managing people is just plain hard.

And it is. You can read a lot of articles and books discussing the theory of management, but when you’re face to face with an employee, theory, fads and the latest gimmicks go flying out the window, so you better really know what to do.

For over 25 years I’ve advised managers and supervisors on what to do and say when faced with an employee. I’ve always provided practical, understandable and uncomplicated techniques designed to deal with the situation, making the job as a manager easier and ultimately making managers better at their jobs. And it works. I know because managers repeatedly tell me I’ve helped. And I even wrote a book about it, which you can get.

I know that when you understand what you have to do, how to do it and what to say (and not say) to your employees, you can ultimately improve overall performance, solve problems, and make your job as a manager easier. And that’s what this webinar series is all about.

  • Manage your people well, and they become happier and more productive.
  • Manage your people poorly, and performance tanks and your life is miserable.

In these 5, information packed webinars, I’ll show you how making a few essential changes and improvements to how you manage will vastly increase your effectiveness as a manager.

The 5 webinars in the “How To Make Managing Easy” series include:

  1. How to Quickly Cut Your Workers’ Compensation Costs April 20 @ 2PM

Includes role of supervisor in controlling cost; 7 steps to reduce W/C costs; spotting & preventing fraud; creating a post-injury response program; managing claims; benefits of light duty; developing a relationship with a medical provider and insurer; getting employees to return to work; and more

 

2.How to Deal with Substance Abuse & Use May 4 @ 2PM

Includes awareness of issue; performance versus diagnosis; medical marijuana; drug testing; reasonable suspicion rules; DOT requirements; drug free policies; role of supervisor; and more

 

3. How to Control Ten Difficult Conversations May 18 @ 2PM

Includes scripts/talking points; 11 steps to stress free conversations; handling emotional employees; topics: absenteeism/tardiness; poor performance; inappropriate dress; insubordination; raise in pay denial; and more

 

4. How to Discipline, Terminate & Win at Unemployment June 2 @2PM

Includes scripts/talking points; differences between discipline, counseling, coaching; lay off vs. firing vs. quitting; airtight documentation; what disqualifies an employee from collecting; how to lose an unemployment claim; what happens at a hearing; and more

5. How To Create a Respectful Work Culture June 15 @ 2PM

Includes the warning signs for discrimination, harassment & bullying; what managers & supervisors must do to foster a respectful culture; how to model respectful behaviors;  scripts/talking points when talking to an alleged victim; requirements under the law; investigating a claim; addressing “he said/she said;” and more

 Here’s what you’ll learn from these 5 webinars:

  • How to quickly spot, understand and manage employee issues
  • How to confront problem employees & resolve tough issues, including attitude, performance and behavior
  • How to provide honest feedback
  • What the words you should use (“the script”) when talking to an employee
  • How to avoid stepping on a legal landmine
  • What systems and polices must you have in place & what should they include
  • What can you expect at an unemployment hearing & how you should respond
  • How to spot and address workers’ compensation fraud
  • How to handle an employee who threatens to sue
  • What to do if you suspect an employee has been drinking
  • And much, much more

Each 60-minute webinar is filled with real life examples and scripts to follow. Prior to each session and right after, you will be able to call or email me with your specific questions and feedback.

Total Cost? $125 for each individual webinar or $500 for all five, a $125 savings (20% off).

Clients of Dacri & Associates enjoy an additional 10% off. Not a bad investment for something that will dramatically make a difference in how you manage.

And yes, you can sign up for 1 or 2 or all 5 webinars if you want.

I hope you’ll join us.

Each webinar will be limited to the first 25 who sign up. They will be approximately 60 minutes in length.

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To register, call me at 207-229-5954 or email me at rick@dacri.com.

Rick Dacri Photo

Rick Dacri

 Rick

President

Dacri & Associates, LLC

207-229-5954 (Cell)

rick@dacri.com

www.dacri.com

 

P.S. Can’t make it to the live sessions? No problem, go ahead and sign up anyway. I will be recording (audio and visual) each session and each registrant will receive a link to the recording within 24 hours after the session is over.

P.P.S. Be one of the first three to sign up and I’ll send you a copy of my book Uncomplicating Management.How To Make Managing Easy

Uncomplicating Management

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Don’t Let Poor Performer Collect


images(This post by Rick Dacri, February 3, 2016)

What would you do if a marginally performing employee came to you asking you to be laid off so he could collect unemployment? 

On the one hand, the thought of ridding yourself of an underperforming employee who did not want to work for you any more sounded appealing. On the other hand you hated the prospect of letting him collect.

This was the issue facing one of my HR HelpLine clients who called me asking if there were any risks in laying him off. Business was good at the company, so he would have to be replaced, but “anyone” seemed better than this guy.

While it was tempting to dump this individual, my advice was that it was not without risk. Here are the risks:

1) You are committing fraud. In general, in order for an employee to qualify for unemployment compensation benefits the employee must be separated from employment involuntarily and without having committed misconduct. When an employee files a claim for unemployment compensation benefits, the employer is routinely solicited by the state unemployment compensation agency to provide separation information. In general, an employee who asks to be laid off would be considered to have voluntarily separated from employment and the claim for unemployment compensation benefits would be disqualified. If an employer would willfully state that an employee, who requested to be laid off, was involuntarily separated from employment, the employee’s unemployment compensation claim would probably be paid. The employer may be liable for intentionally providing false information to a state agency and for aiding another in the commission of a fraudulent act.

2. It will cost you. Unemployment compensation benefits are paid from an employer’s unemployment insurance account with the state. The employer’s account is funded by a payroll tax charged to the employer. The employer’s contribution tax rate is determined, in part, based on the employer’s experience rating. Experience is based on the dollar amount of unemployment compensation benefits paid out of an individual employer’s account on an annual basis. The more claims that are paid to former employees of a given employer, the higher the employer’s experience rating would be and the higher the payroll tax rate would be likely be. Providing false information about an employee’s termination to facilitate the employee’s ability to collect unemployment compensation benefits would tend to increase the employer’s unemployment compensation payroll tax cost unnecessarily.

3. You just opened Pandora’s box. Using unemployment as a tool to address performance problems is a poor management practice and it also send a bad message to the rest of your workforce. If employees underperform, address them. If they prefer to work elsewhere, tell them to quit. Finally, the last thing you can afford is a reputation for letting people quit and then getting a free pass to draw against your unemployment account.

The easy, short-term solution was to let him collect; the better, long-term resolution is to tackle the problem employee head-on.

If you would like to read more about the Dacri HR HelpLine, click HR HelpLine or if you’d prefer to watch a 5-minute YouTube, click HelpLine Youtube.

Other Posts You May Like:

  1. Firing Someone: Only 3 Legitimate Reasons
  2. Supervisor’s Mistake Opens Company to Lawsuit
  3. Five 2016 Workforce Challenges Screaming Down the Tracks

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Protection Against Fraud: Advice On Guarding the Public Purse

(This article appeared in Maine Townsman, October 2012 and was written
by Douglas Rooks)

The headlines can be unsettling. A town treasurer, clerk or tax collector is suspected of stealing money from municipal accounts. The offense may have happened over many years. It may have been in a small town with few employees, or one where several different people handle money daily.

Whenever it happens, it sends shock waves through the municipal community. As Kennebunk Town Manager Barry Tibbetts puts it: “If one person fails, the whole organization takes a hit. And if one town fails, it reflects on the entire municipality community.”

Prosecutions for fraud and misappropriation of funds are uncommon in Maine, but they do happen. Businesses can be victimized but in recent years there have been cases involving Little Leagues, Boy Scouts, snowmobile clubs and other non-profits. No organization seems immune.

Still, there’s an added sting when a municipal official or employee is involved. “We don’t own this money,” said Tibbetts. “We’ve been entrusted with it by the people, and it’s our job to keep it 100 percent safe.”

Ron Smith is an auditor whose firm, RHR Smith & Co. of Buxton, does the books for many Maine towns and counties. He’s also an expert on forensic audits and has worked with law enforcement agencies on investigations involving Maine municipalities. Continue reading

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