Protest Employee Claim for Unemployment Insurance Benefits
Topics:
Unemployment
Notice to Employers of Unemployment Claim
In every instance where an unemployment insurance (UI) claim is determined to be monetarily eligible, employers recently tied to that individual are notified by IWD. During this process, you as the employer will be informed of the claim and given the opportunity to protest the benefit payments if you feel the individual’s claim is not qualified.
When the claim is confirmed, a Notice of Separation and Wage Request is sent to the claimant's most recent employer and any other employers in the claimant's base period.
Employers who sign up the iowaworks.gov system will have the option to receive notices of claims electronically.
If employers don't take any action in IowaWORKS, they will still receive notices of claims in the mail (like they do today) in about 3-5 business days.
However, it's highly encouraged that employers opt into using iowaworks.gov to greatly save time on their notice of claim, as electronic notices will come in much more quickly versus traditional mail.
Protesting a Claim
List items for Protesting a Claim
To protest a UI claim or to report payments to your former employee that followed the effective date of the UI claim, you must respond within 10 days of the claims notice.
When responding, you must state the reasons for protesting the claim and must also sign the notice. Your protest can be mailed, faxed, or submitted electronically (via iowaworks.gov) with instructions that are listed on the Notice of Separation and Wage Request letter.
If you protest a claim, a fact-finding interview will be conducted by telephone with IWD.  Both the employer and the claimant will receive notices for the fact-finding interview. The notice will include the scheduled date, time, and telephone numbers that the fact finder will call for the interview.
During the fact-finding interviews, an IWD representative will ask both parties questions and allow you to explain your position on the issue. Both parties will be allowed to present witnesses and evidence during the interview.
Employers are urged to take part in the fact-finding interview. Failure to do so and provide all relevant information could result in your account being charged in the event of an appeal.
It is important to include identifying information on all correspondence, such as: 
Employer’s name 
Claimant’s name 
Claimant's Social Security Number 
Date and time of the scheduled interview 
If either you or the claimant cannot take part in the interview or provide your explanation of the issue, a decision will be made on the available facts.
A decision on the claimant’s eligibility to receive unemployment benefits will be issued by IWD within a few days after the fact-finding interview and sent to both you and the claimant.
If either party disagrees with the decision, you may file an appeal. Instructions for doing so will be included on the reverse side of the decision.  The appeal must be postmarked or received within 10 calendar days of the mailing date of the initial decision. For additional information on the appeal process, visit the unemployment appeals page.
Note: Claims can be deemed to be overpaid if an original fact-finding decision in favor of the claimant is appealed to an administrative law judge and then overturned in favor of the employer. In this situation, the claimant will have to pay money back. However, employers who fail to take part in a fact finding that results in an overpayment of benefits will remain responsible for the benefit charges.
