Publication

October 23, 2020Client Alert

Wisconsin Employers Required to Notify Workers of Unemployment Benefits at Time of Separation Starting November 2, 2020

Beginning November 2, 2020, Wisconsin employers must notify workers at separation of employment about the availability of unemployment insurance per Emergency Rule 120.02, adopted by the Wisconsin Department of Workforce Development (DWD).

Employers must provide the required notice by at least one of the following methods:

  • Letter
  • E-mail
  • Text message
  • Flyer
  • Any other department-approved method designed to give immediate notice to employees of the availability of unemployment insurance at the time of separation.

If circumstances at the time of separation make immediate notice impossible, the employer is to provide notice as soon as possible.  Providing the notice does not necessarily mean that the employee will meet the requirements to be eligible for UI benefits.

DWD has provided suggested language employers may use:

Applying for Unemployment Benefits --
You may file an unemployment claim in the first week that your employment stops or your work hours are reduced.

See digital poster for when and how to apply for unemployment benefits (En Español | Txhais lus Hmoob) (https://dwd.wi.gov/eworkboard)

Other unemployment resources:

For help using online unemployment services or if you are unable to go online call (414) 435-7069 or toll-free (844) 910-3661 during business hours.

The Rule does not incorporate a penalty for noncompliance. However, an employer’s failure to provide notice could result in an employee having additional time to file an initial claim for benefits.

The Rule’s comment period is open through November 10, 2020. It is possible that there could be changes to this Rule after November 10, 2020 based on comments received; however, the Rule is set to become effective on November 2, 2020. This emergency rule is currently set to expire on March 31, 2021.

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