Protest a Claim for Unemployment Benefits

In order to help your company manage its unemployment account and protest unemployment benefit claims, the Indiana Department of Workforce Development (DWD) has two (2) protest forms: the  Unemployment Insurance Benefit Protest form (Form 640P; State Form # 54244) and the Notice of Work Recall Refusal (Employer) (Form 640WR; State Form # 56951)

You should use the 640WR to protest if the employee/prospective employee refused work (either a work recall or an offer of suitable employment ). Otherwise, you should use the 640P.

NOTE: Using only these forms to protest benefit claims will help ensure DWD receives the necessary information to quickly and accurately begin the claims protest process.

What to expect when an individual files a claim against your account:

When an individual files an initial claim for unemployment, DWD sends all base period employers (employers who employed that individual over the last 18 months) a notice using the Separating/Base period Employer Notice (Form 640R). When an employer receives this notice, they have ten (10) calendar days from the date on the notice to protest the individual’s eligibility for benefits using the protest form.

The claimant will be offered the opportunity to identify additional employers that are not included in their based period, including their separating employer.  If the Separating/Base period Employer Notice indicates No under the base period column and / or if the SUTA number, legal name or address are not correct, the notice was due to a claimant added mailing.  For an employer to be charged with benefits, the SUTA account must be correct and the employer must be in the claimant’s base period.

If the employer would prefer to receive separation notices electronically, please see the information on SIDES & E-SIDES registration.

When to use the Unemployment Insurance Benefit Protest form:

Use the 640P protest form when you believe the individual is not entitled to benefits, is entitled to a reduced amount of benefits, or should not be charged to your SUTA account.

Indiana law provides that an individual may be ineligible, or eligible for a reduced amount of benefits, if the individual:

• Quit voluntarily (job abandonment, voluntary buy-out);
• Was discharged for just cause (policy violation, absenteeism, incarceration);
• Was discharged for gross misconduct (committing a felony or Class A misdemeanor, intoxicated at work, battery on another employee, fraud, theft or misuse of funds in excess of $100 value);
• Is entitled to vacation pay, pay in lieu of vacation, “standby pay,” or wages in lieu of notice;
• Is receiving or will receive retirement pay; or
• Is otherwise ineligible (did not work for you, is still working for you).

Use the 640 WR protest form if an individual:

• Refused to return to work when recalled; or
• Refused an offer of suitable work .

Fax the 640P or the 640WR form within ten (10) calendar days from the date of the Separating/Base period Employer Notice (Form 640R) to DWD at the number on the form.
(If you receive a transmittal error, please remember to resend the entire message.)

What happens next?

Once DWD receives the protest form, the employer and the individual filing for benefits will be contacted for additional information (if needed).  Please respond as quickly as possible if further information is requested. If you do not respond within the required timeframe, a decision will be made on the available information from the forms and the other party. Use of the protest form is not sufficient to deny a claim. You must provide any additional information requested by DWD for an accurate eligibility determination to be made and may face penalties to your account if you fail to provide requested information, even if the individual is later determined ineligible.

Continuing to manage your account:

Each month that your account is charged for benefits, DWD will send a Charge Statement Notification alerting you to a new Statement of Benefit Charges (Form 535) in your correspondence history on ESS. This statement will show you the benefits being charged to your account, listed by individual, amount, and relevant dates.  Please review this statement each month to make sure the charges are correct.  If you have any questions about these charges or other matters regarding your unemployment account, please refer to the Employer Handbook and the employer section of the DWD website at www.Unemployment.IN.gov , or contact Customer Service via our Contact page .