Review of notice of benefit entitlement or payment

When a former employee files for UI benefits and is determined to be monetarily entitled to collect benefits, we will send the employer Form LO 400. It is important to respond to this notice timely and adequately . Report any discrepancy in wage information or disqualifying information. This information will, in some cases, affect the payments made to the claimant and the charges to the employer’s experience rating account. If an employer fails to respond timely and adequately to Form LO 400, or any request for information about the UI claim of a former employee, the employer may not be relieved of charges to their account.

To be timely the employer must ensure the Department of Labor receives a response within 10 calendar days of the date on the notice. To be considered adequate the response must:

specify the reason for separation, or other issue affecting the claimant’s eligibility of entitlement for benefits;

answer, in good faith, all questions in detail; and

provide information sufficient for the Department of Labor to render an accurate determination regarding the claimant’s eligibility or entitlement for benefits. Relevant supporting documentation should also be submitted.

UI benefits paid to claimants are charged to the accounts of employers for whom they worked. Every benefit payment charged to an employer’s experience rating account may have the effect of increasing that employer’s UI rate in future years. Employers are advised on Form IA 96 about all benefit payments to former employees that are charged to their accounts. This gives employers the opportunity to report any benefit payments they believe were incorrectly made. Form IA 96, and other similar requests for information pertaining to an UI claim, in addition to Form LO 400, must be received by the Department of Labor within the number of days specified in the request and must provide adequate information, as explained above. Employers should contact the claimant directly if work is available. Employers should promptly notify the UI telephone claim center if: they are unable to contact the claimant for recall; the claimant has declined an offer of re-employment; or, they have information they were not aware of when they received Form LO 400 that may affect the claimant’s entitlement to UI benefits. If the charges appear incorrect for any other reason, employers should contact the Department of Labor, Liability and Determination Section (see Unemployment insurance issues – Where can I find the answers? ).