An important role of any legislative office is that of constituent service. Before COVID19, we received a variety of requests regarding various state agencies or affiliates, including some regarding unemployment. The pandemic highlighted a dysfunctional system under immense stress at the Virginia Employment Commission (VEC) like never before. The VEC has been underfunded for years because their main source of funding is based on a federal formula that provides funds based on our state’s unemployment rate, which has been historically low. This impacted their ability to do long planned, much-needed system upgrades. During some months my office received nearly 100 requests for assistance with claims. As the pandemic continued, the situations of constituents grew more dire as the delay of their benefits created broad repercussions.
It quickly became clear that there were several recurring issues at the VEC. First was inconsistent communication. Constituents received emails from constituent service team members stating that benefits may be denied if they did not call back within a specific time frame, however, the number provided rarely connected to anyone. Constituents received emails from the VEC constituent service team stating that benefits may be denied if they did not call back within a specific time frame, however, the number provided by the VEC rarely connected to anyone. Some constituents received conflicting information from different VEC employees depending on who they spoke to.. Additionally, many constituents who come to us have been told that all their claim issues had been resolved, only to wait weeks for benefits to arrive, and meanwhile are not able to contact anyone at the VEC through phone or email to determine why they are not receiving their benefits. We even heard from some constituents with concerns regarding fraud that occurred on their claims or that misused their identity. Some of these issues were prevalent enough that the VEC was sued in Federal Court April 2021 for delayed payments..
My staff and I have met with some of the hardworking team members at the VEC to get answers on specific cases and learn how their systems operate. There is much work to be done to get the VEC running smoothly and efficiently for Virginians. I am the Vice-Chair of the Commission for Unemployment Compensation. Our official mandate is to monitor and evaluate Virginia's unemployment compensation system relative to the economic health of the Commonwealth. This past summer, I insisted on a meeting of the commission to probe on issues outside that regulatory purview, during which we heard from the then-VEC Commissioner and I asked pointed questions about the transparency of communications and payments to claimants. I was far from satisfied with the pace of response from the VEC to the clear need and obvious calls for changes. I’ve written to Commissioners of the VEC, Secretaries of Labor, and other officials on the issue over the past year requesting prompt changes and solutions. Most recently, newly-appointed Commissioner Carrie Roth provided in-depth answers to specific questions that will allow my office to better assist constituents coming to us with concerns regarding fraud. I’m glad to see that in this area, Governor Youngkin is on the right track. This is a bipartisan issue that requires pragmatic solutions.
To that end, there are several bills this session based on recommendations made in a thorough study by the well respected Joint Audit and Legislative Review Commission (JLARC) on the VEC process. The final report offered comprehensive legislative and executive recommendations. I introduced legislation to expedite the process to bring employers filing forms with the VEC online and require the VEC to plan for a pilot program that aims to reduce the confusion and complexity of the separation reporting process. My office worked with JLARC and the VEC on this legislation, which aims to accomplish two specific recommendations from their report. I am co-sponsoring an even more comprehensive bill with Senator Jeremy McPike (D-Woodbridge) that implements further JLARC recommendations regarding administrative reforms and reporting methods. The bill requires the VEC to calculate and report important metrics and maintain an unemployment insurance Resiliency Plan for future spikes in unemployment. The legislation also creates within the Commission on Unemployment Compensation, a subcommittee that will be responsible for monitoring the VEC’s management of the unemployment insurance program. The bill would also clarify the appeals process and establish a workgroup on staffing. I am also co-sponsoring legislation with Senator Bryce Reeves (R-Spotsylvania) aiming to fight fraud. That bill would require certain verifications of identity for claimants, as well as an annual report from the VEC on fraudulent payments.
I take VEC complaints very seriously — there are constituents whose livelihoods depend on the status of their claims. Some constituents are at risk of losing their homes or are facing hunger. My Legislative Aide, Mollie Montague, has assisted hundreds of constituents with VEC cases. If you are struggling with an issue at the VEC, contact our office at email@example.com and we will do our best to assist you.
It is my continued honor to serve the 30th District.
Adam P. Ebbin
Member, Senate of Virginia