Employer Alert: New Consequences for Late Claim Responses Starting July 1

What You Need to Know

Virginia law (§ 60.2-528.1) requires all employers to respond within 10 calendar days when the Virginia Employment Commission (VEC) requests information about an unemployment claim. Effective July 1, 2025, failure to respond timely or adequately may result in increased penalties to include loss of appeal rights.  This law is intended to support faster, more accurate decisions for all parties.

Watch and Learn

Virginia Employers: New Unemployment Claim Response Rules Explained

 

Your Responsibility

When you receive a request for separation and wage information via SIDES, in your Employer Self Service (ESS) portal, or by mail from the VEC about an unemployment claim, you must respond within 10 days.

A response is considered adequate if it provides enough clear facts to help us make the right decision. Simply answering all questions and participating in follow-up interviews usually meets the requirement.

What Happens if You Don’t Respond?

If you fail to respond on time or don’t provide enough information:

  • First failure: You will get a warning letter explaining you failed to meet the requirement.
  • Second failure: You’ll be fined $100.
  • Third failure: You lose your appeal rights to the decision on that claim AND will not be credited for any overpayment resulting from that decision.
  • Future failures: Each future failure to respond on a new claim (like a fourth or fifth request) may also result in losing your appeal rights for the decision on that claim AND you will not be credited for any overpayment resulting from that decision. However, if the employer responds on time and adequately to a future request, they will keep their rights for that claim.  In other words: once the pattern is established, any additional failures can carry consequences—but timely responses going forward will preserve your rights.

Good Cause Exceptions

VEC may consider good cause for a late or incomplete response.  If you have been notified of a late or incomplete response for which you feel you may have good cause, please email bnpaychr@vec.virginia.gov.

Impact on Your Account

If VEC finds that your business has a pattern of not responding, your account may be charged for incorrect benefit payments—for up to four years after the determination.

Avoid Penalties—Stay Informed and Respond Promptly

To protect your appeal rights and avoid financial penalties:

  • Respond quickly and completely with accurate information.
  • Respond electronically through SIDES (State Information Data Exchange System) or the Employer Self-Service (ESS) portal for faster, more reliable delivery.
  • If responding by fax or mail, be sure it’s received by the deadline—not just postmarked.
  • Keep your contact details up to date with the VEC.

To Respond by Fax or Mail

Fax: 804-343-1459

Mail: Virginia Employment Commission 
P.O. Box 27887
Richmond, VA 23261-7887

Questions? Call our Employer Line at (866) 354-5579 or email:  bnpaychr@vec.virginia.gov.