Unemployment Law Changes

Recent changes to Wisconsin's unemployment law become effective January 5, 2014, and bring good and bad news for both employees and employers. 

Substantial Fault:

Effective with decisions issued on January 5, 2014 and later, the department will consider a two-tier standard for disqualifying claimants who are discharged. A claimant will be disqualified if they are discharged for misconduct or for substantial fault connected with their employment. An employee's behavior may constitute substantial fault when the employee violates a requirement of the employer, but the violation does not rise to the level of misconduct. Substantial fault does not include: minor violations of rules unless the employee repeats the violation after warning, unintentional mistakes made by the employee or not performing work because the employee lacks skill, ability, or was not supplied the equipment.

Quit Exceptions:

Currently, Wisconsin law allows benefits for claimants who quit if their circumstances fall within one of the 18 exceptions. As of January 5, 2014, eight of those quit exceptions are eliminated and four of the remaining exceptions are modified.

Increase in Weekly Benefits:

Effective January 5, 2014 the maximum amount of weekly benefits an unemployment claimant may receive will be increased from $363 to $370. The minimum amount will stay at $54 per week.

Change to Requalification:

Currently, when a claimant is disqualified from receiving benefits as a result of quitting a job or refusing an offer of suitable work they must earn 4 times their weekly benefit rate in employment covered by the unemployment program and at least 4 weeks must have elapsed since they quit or refused suitable work. Effective with decisions issued January 5, 2014 and later, a claimant must earn 6 times their weekly benefit rate in employment covered by unemployment to requalify for benefits after a quit or refusal of suitable work.