Claims — Filing — Notice to last employer

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  1. (a) Claims for benefits shall be made in accordance with rules the Director of the Division of Workforce Services prescribes.

  2. (b)

    1. (1)

      1. (A) A notice of the filing of an initial claim shall be immediately mailed or posted online under subsection (c) of this section, or both, to the employing unit known to the claimant as his or her last employer.

      2. (B) An employer notified under subdivision (b)(1)(A) of this section may choose to receive and respond to notice under this section through the mail or through the online program under subsection (c) of this section, or both.

    2. (2)

      1. (A) If a last employer fails to respond within ten (10) calendar days to a notice under this section, the last employer shall be deemed to have waived the right to respond.

      2. (B) If a last employer's right to respond has been deemed waived under subdivision (b)(2)(A) of this section, the director may accept the statement given by the claimant as his or her reason for separation from the last employer and may base his or her determination on the statement given by the claimant.

  3. (c) On or before January 1, 2012, the director shall make available on the website of the Division of Workforce Services a program that will allow employers the option to receive and respond to notice under this section.


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