By Phil Riske | Managing Editor, Rose Law Group Reporter
Business and the GOP are pushing a bill at the Legislature requiring jobless workers to prove they were fired to receive unemployment insurance benefits, news sources report Wednesday
Arizona statutes put the onus on employers to challenge jobless claims. House Bill 2147 turns that law on its head and requires unemployed persons to prove they were let go to qualify for benefits.
David Weissman, director of the Rose Law Group Employment Law and Managed Health Care Law Practice, says there are a couple problems with the legislation.
“Generally speaking, I’m in favor of changes that result in fewer administrative burdens on employers and allow them to focus on running their business. That said, one problem I see with this bill is that the employer is the one who controls employment related documents, which could make it difficult for an employee with a legitimate claim for benefits to prove his or her case,” Weissman said.
The bill addresses cases where employees says they were fired or laid off and should be eligible unemployment, while the employer maintains the worker quit or was let go for gross misconduct, which would mean the worker is ineligible for benefits.
Weissman says the bill might conflict with federal law.
“There may be some tension between this bill and the requirements of federal law, which could create a conflict between the state and the U.S. Department of Labor,” he said. So, at the end of the day, the feds might prevent the state from implementing this proposed burden shift regardless.”
The House has passed the bill and it’s making its way through the Senate.
