[EMPLOYMENT LAW] Arizona bill would force jobless benefit seekers to prove they were fired

By Howard Fischer

Capitol Media Services/East Valley Tribune

youre-firedA House panel voted Wednesday to require those seeking unemployment benefits to prove that they were fired and did not just quit.

The 6-3 vote by the Commerce Committee came after restaurant owners and some business groups complained that workers were abandoning their jobs and then trying to collect payments. The issue is significant because the tax that employers pay into the unemployment insurance fund is based on how often workers are laid off and eligible to get weekly benefits.

Rep. Debbie McCune Davis said HB 2147 could put employees who have legitimate claims into a situation where they are denied payments. She said shifting the burden of proof is not fair.

But Rep. Tom Forese, R-Chandler, was unapologetic for that change.

“I’m just shocked on how anti-business our country has become,” he said.

“In the United States and Arizona, it’s no longer what it used to be,” Forese continued. “We need to change the tide and start to fight for the employer.”

Under current rules, if there is a disagreement between the employer and the employee about the reason for the worker leaving, it is up to the employer to prove that the person left without good reason and is therefore ineligible for benefits, according to Tasya Peterson, spokeswoman for the state Department of Economic Security.

This measure would override that rule, saying if the employer provides documentation that a worker either resigned voluntarily or abandoned the job, then the burden of proving otherwise shifts to the worker.

Continued: 

Also:

Union negotiations should be public, Arizona house panel argues 

If you’d like to discuss employment or health care law, contact David Weissman, director of the Rose Law  Group Employment Law and Managed Health Care Law Practice, dweissman@roselawgroup.com

 

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