UI Court of Appeals Decision
On April 26, 2019, the Kentucky Court of Appeals issued a ruling pertaining to employer representation in administrative proceedings determining unemployment insurance eligibility. According to the Court’s ruling in the matter of Nichols v. Kentucky Unemployment Insurance Commission, employers would be required to have representation by an attorney during appeal hearings and proceedings held before the Unemployment Insurance Commission. The Court’s decision can be found here. The decision is not yet final because the Commission has the right to seek review by the Kentucky Supreme Court.
The Court’s decision, if it becomes final, will affect employers as it invalidates the state’s current statute allowing non-attorneys to represent an employer in administrative proceedings related to unemployment insurance claims. The Kentucky Unemployment Insurance Commission is taking the appropriate steps to seek the Kentucky Supreme Court’s review of the decision. In the meantime, there will be no changes to the current practice of allowing representation by non-attorneys in these administrative proceedings.
At Kentucky’s Unemployment Insurance Self-Service site , any liable employer can:
- Apply for an Employer Reserve Account, including successorship;
- Apply for a Letter of Good Standing for the Secretary of State;
- Request a change to their mailing address;
- File their quarterly reports and payments;
- Request their Employer Reserve Account be inactivated;
- Request a refund for overpayment of taxes;
- Register for a TPA (Third Party Administrator) account; and
- Report Misclassification or Fraud.
SIDES State Information Data Exchange Submitting Electronic Claim Protests
SIDES is a free electronic system that uses a nationally standardized format to easily respond to UI information requests, attach documentation when needed, and receive a date-stamped confirmation of receipt.
If you would like to receive or respond to UI information requests electronically, please enroll for SIDES using Kentucky’s Unemployment Insurance Self-Service Site.
Please watch our informational video on the SIDES program.
Work Refusal Form
Under Section 341.350 of the Kentucky Unemployment Compensation Laws and Regulations, an individual shall be ineligible for benefits if he/she failed, without good cause, either to apply for available, suitable work or to accept suitable work when offered to him/her by the employment office or an employing unit. If you know of someone who has refused to accept suitable work, please click here to provide details about the refusal.
Browse our FAQs about Unemployment Insurance.
Other useful links:
Unemployment Insurance Digest
Unemployment Insurance Compensation Law
Unemployment Insurance Legislative Regulations
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UI benefits poster - Spanish