Job service can feel daunting, like you’ve walked into a game where you don’t know the rules and feel like you can’t win. But understanding some basics can help you feel more comfortable with the process. Fact-finding interviews occur after an application for unemployment insurance has been filed by a former employee (the claimant) and when the claim is contested by the employer.
Fact-finding interviews are initiated and conducted by Iowa Workforce Development (IWD). Both parties receive a Notice of Unemployment Insurance Fact-Finding Interview letter. It is important to take note of this letter as it contains the scheduled date, time, and telephone number for the interview.
When you respond, make sure your contact data is correct. IWD sometimes misses the call to the employer, so if it is ten minutes past a call time and you have not connected with IWD, call again.
Fact finders at this level are not attorneys and are looking primarily at limited specific factual circumstances. Employers frequently have the experience of trying to talk about a pattern of misconduct only to be told that the fact-finder only cares about the “last” event. In the interview, lead with that event using language like, “she was terminated because she was no call no show and had been warned she would be terminated if this happened. . . there were other performance issues . . . ” This statement is specific. It details the reason for termination, notes she was aware of the policy, and that she would be terminated for the conduct while leaving room to address issues as needed.
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IOWA FACT FINDING INTERVIEW, Don’t make this mistake, MOST IMPORTANT
When filing a claim for unemployment benefits, the state’s department may wish to clarify your claim with a fact-finding unemployment interview by issuing a UIA 1575 PUA form.
Throughout the interview, claimants will have to prove their side of the story. If the claimant’s reason for leaving was because they quit, they will have to explain why they could not continue their employment. To do this, they will have to provide proof. Proof for quitting can be a doctor’s note recommending the claimant should not continue their job but is available to work a different position. If a claimant was unable to continue their employment due to a medical reason, they must have asked their employer to accommodate their needs before quitting.
Danielle Smyth is a writer and content marketer from upstate New York. She has been writing on business-related topics for nearly 10 years. She owns her own content marketing agency, Wordsmyth Creative Content Marketing, and she works with a number of small businesses to develop B2B content for their websites, social media accounts, and marketing materials. In addition to this content, she has written business-related articles for sites like Sweet Frivolity, Alliance Worldwide Investigative Group, Bloom Co and Spent.
After the interview, the department will mail their official determination. Based on the facts learned in the interview, the department could decide benefits should start when requested, later or not at all.
Claimants maintain the right to appeal a decision made by the department within a specific amount of days. Specifics will vary state by state, so always check your state’s rules regarding appealing. The team at Maine Equal Justice notes that while a claim for regular unemployment benefits could be denied, claimants may still be eligible for Pandemic Unemployment Assistance if their unemployment is directly related to COVID-19.
Similar flexibility can be extended to workers who have been fired from their jobs because of performance issues. In some states, being fired is disqualifying only if the employer can show that the worker engaged in serious misconduct such as theft, violent behavior, drug use on the job or engaged in repeated and flagrant violation of company rules. Usually, simple incompetence isnt grounds for denying somebody unemployment compensation.
Once youve determined that your reasons for quitting meet your states standard, be prepared to provide proof of your situation. This might include medical records, doctors notes or evidence of harassment or discrimination. Find out what you need to do to send documents regarding your case to the interviewer for review during your conversation.
Interviewer: It says here that you quit your job. Why did you leave a secure job when you didnt have another job lined up?
However, state and federal laws allow for flexibility in interpreting these guidelines. For example, if someone voluntarily quits a job because he is being subjected to bullying and harassment, he may be able to qualify for benefits. In some states, a person who quits because of domestic violence issues or because she needs to care for a family member may be eligible for unemployment compensation.
If you quit your job, you can expect the unemployment office to look into your reasons for doing so. The policy from your state unemployment agency dictates whether or not your reasons for leaving meet the standards of involuntary unemployment. In some states, you may be required to prove that your work conditions were intolerable to qualify for benefits. In other states, a serious family problem, such as a child with a deadly illness who needs your care may be considered sufficient justification for approving your claim.
A request for rehearing must be made within 20 days of the date of the EABs decision. An appeal to the Iowa District Court must be filed within either 30 days of the EABs decision, or within 30 days of the EAB denying your request for rehearing. If the EAB takes no action on a request for rehearing within 20 days of receiving it, the request for rehearing is considered to be denied.
You and your employer will have a fact-finding interview with a representative from Iowa Workforce Development (IWD). Both you and your employer will get a “Notice of Unemployment Insurance Fact-Finding Interview.” This notice will tell you the date and time of the interview. It will also have the telephone number IWD will use to call you. Right now, “Fact Finding Interviews” are not being scheduled and “Notices of Unemployment Insurance Fact-Finding Interviews” are not being sent out unless you specifically request a scheduled fact-finding interview when IWD “cold calls” you.
If you answer the phone, the IWD representative will ask you questions about your unemployment case right then. The representative should tell you that you can still choose instead to have a scheduled “Fact Finding Interview” phone call at a set date and time in the future. This set date and time is a traditional “fact finding interview” (described in more detail below). You still have the right to choose this option. However, providing your statement and version of the facts to the IWD representative whenever they “cold call” you will likely result in faster processing of your claim.
If IWD tries to call you and can’t reach you, they may try a second time within 48 hours. If IWD calls you and gets your voice mail, they may leave a voice mail with callback information and give you a two-day deadline to return the call and provide your version of the facts related to your unemployment case.
Due to the high numbers of unemployment claims right now because of the pandemic, Iowa Workforce Development (IWD) has started a new process where a representative from IWD will “cold call” you on the phone at an unscheduled time and ask you questions about your claim at the time of the call. IWD will also “cold call” your employer to ask them to provide a statement as well.
A favorable decision at the fact-finding stage can determine success in subsequent proceedings. However, even if you do not prevail at this stage, the fact-finding interview can be used to lay an adequate foundation for an appeal. Sufficient preparation at this stage will be helpful if the case proceeds. Plan to take thorough notes of the IWD’s questions and the claimant’s statement so that if the case proceeds, you can share with your attorney.
When you respond, make sure your contact data is correct. IWD sometimes misses the call to the employer, so if it is ten minutes past a call time and you have not connected with IWD, call again.
This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.
Fact finders at this level are not attorneys and are looking primarily at limited specific factual circumstances. Employers frequently have the experience of trying to talk about a pattern of misconduct only to be told that the fact-finder only cares about the “last” event. In the interview, lead with that event using language like, “she was terminated because she was no call no show and had been warned she would be terminated if this happened. . . there were other performance issues . . . ” This statement is specific. It details the reason for termination, notes she was aware of the policy, and that she would be terminated for the conduct while leaving room to address issues as needed.
Job service can feel daunting, like you’ve walked into a game where you don’t know the rules and feel like you can’t win. But understanding some basics can help you feel more comfortable with the process. Fact-finding interviews occur after an application for unemployment insurance has been filed by a former employee (the claimant) and when the claim is contested by the employer.
FAQ
How do you prepare for a fact-finding interview?
…
What to Expect
- WHO was involved?
- WHAT specifically happened to cause the separation?
- WHERE did it occur?
- WHEN did it occur?
- WHY did it occur?
- HOW could it have been avoided?
What should I not say about unemployment interview?
One of the most critical things to never say during an unemployment interview is that you don’t plan to return to work right away. This could get you denied since being eligible for unemployment means actively trying to find a position.
What do you say in a unemployment interview?
Make sure that your answers are equally short and specific. If you are asked “What was the reason that the employer gave you for your termination?”, just answer that question. You don’t need to explain whether it’s fair, and whether you agree with that reason.
What’s a fact-finding interview?
