Unemployment Benefits
Forums › General Discussion › Unemployment Benefits-
Here's the situation. I'm a small business owner who recently had to lay off an employee due to repeated & contunual absences from work. This employee had been given several warnings, both verbal & written.
After separation from the company, this employee filed a claim with unemployment and requested a hearing. I filled out all the necessary paperwork and in presenting my side of the story, provided evidence supporting my reasons for layoff. I was notified this morning that the state ruled the employee had mitigating circumstances. Because he was sick and not willfully breaking company rules he will be allowed to collect and I as his previous employer am responsible a portion of his weekly benefits.Just curious on other people's views on this. Obviously I know there are many sides to every story.
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Is there any recourse for appeal? If not, I suggest cutting his brake lines...
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Not sure where you are, but that's normal for CA. Are you not insured for unemployment?
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The problem isn't with the employee, it's with the system.
He has to take care of himself but I should not have to foot the bill. He should not be eligible to collect in my opinion. -
What state?.. It seems easier and easier for people to collect unemployment. The company I formerly worked for had a point system. Once you accumulated x amount of points you were fired. Even though this is company policy and you agree to it by signing your employee handbook the state still doesn't recognize this and will still side with the worker. I had to deal with this several times after having to fire workers due to absentee/tardy behaviour.
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Jurisdiction? In Calif., the standard is gross misconduct. Fairly high standard.
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My experience is that in many states, they give the employee the benefit of the doubt, even if the employee doesn't really have a leg to stand on. Sometimes they collect when they really shouldn't.
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Sigh. I once fired an employee for theft. Over $500. Amazingly we were still held responsible for his unemployment. We had video etc. Reason: we declined to press charges since he made restitution therefore there was no theft in the eyes of the TX Workforce Commission. I'm with ya on this one Saba, send the agency a picture of your foot.
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So if I got a job, I wouldn't even have to show up to collect unemployment when I am eventually fired? Wow.
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If I remember correctly in my state (Michigan) you have to be employed for minimum 6 months before being eligible for unemployment
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In Washington, employees pay into their UI benefits, as well as employers paying UI rates based on the number of eligible layoffs from their business, and without extensions, are only eligible to collect what they've contributed to their own UI account. I feel it's important to provide these benefits even though many abuse the system. There have been times in my life, where as a skilled qualified worker with an excellent work history, have been unable to find employment. I simply would not have survived without it. I guess what it comes down to, is you should have requirements for doctors notes when they exceed a certain number of days due to continued or repeated illness. It may not relieve your liability, but it may be the difference the next time a similar situation arises.
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Fizzone wrote:
I agree 100%. I think UI benefits are important & people who QUALIFY for them should be allowed to collect them. I think that it is all parties involved (government, employee & employer) need to contribute to make the system function properly.In Washington, employees pay into their UI benefits, as well as employers paying UI rates based on the number of eligible layoffs from their business, and without extensions, are only eligible to collect what they've contributed to their own UI account. I feel it's important to provide these benefits even though many abuse the system...
I do have an issue with being held MORE financially responsible for benefits when the employee should not be eligible to collect in the first place. We all need to be responsible for our actions. In this case the employee is not being held to any degree of culpability. -
I think thats ridiculous. Small business owners have a hard enough time in this economy. They shouldn't have to pay for some lazy ass to sit on the couch all day.
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Here in WV there is a 6 week penalty if you get fired but you can still collect.
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In MN it is already sent in during payroll. So you already paid in on him and shouldn't have to pay more. Unless your state is diff. In MN we pay in as they are working. Should be same but idk for sure.
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🎭 MaddHatter 🎭 wrote:
We do pay in as they are employed. It's considered payroll taxes. However, if you lay the employee off without cause, which is esentialy what this ruling equates to, then you are responsible for a larger portion of contributions and can be taxed for longer periods of time. It also extends the amount of time in which the employee can collect his benefits.In MN it is already sent in during payroll. So you already paid in on him and shouldn't have to pay more. Unless your state is diff. In MN we pay in as they are working. Should be same but idk for sure.
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I'm an HR major and it really is dependent on the state that you live in. For states that are at will states most terminations will never qualify for unemployment. States that are no at will have a very gray area. Your incidence makes me believe they were considering FMLA in the equation because you said he was sick. It entitles them to 12 weeks of unpaid time off in a given year no questions asked if they have a doctors backing. And you can't fire them for excessive absences.. Without knowing the details it's hard to pinpoint. Understand the frustration but employees are protected under a ton of legalities more so than the employer in most states. Small businesses feel the grunt of it due to a small workforce and not being quite as familiar with all of the legalities like your bigger corporations. If you need an HR consultant I'll be graduating in December!! Lol
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🔫ØᎦᏌ✴ᏀĮЯŁ🌹 wrote:
At Will state. Didn't even consider the FMLA angle. Most likely this is the reason if I had to guess. Still think I'm getting screwed but at least it makes a little more sense now.I'm an HR major and it really is dependent on the state that you live in. For states that are at will states most terminations will never qualify for unemployment. States that are no at will have a very gray area. Your incidence makes me believe they were considering FMLA in the equation because you said he was sick. It entitles them to 12 weeks of unpaid time off in a given year no questions asked if they have a doctors backing. And you can't fire them for excessive absences.. but employees are protected under a ton of legalities more so than the employer in most states... If you need an HR consultant I'll be graduating in December!! Lol
I'd be glad to give you a reference upon graduating. :) -
You are in Massachusetts right? Have you seen what is going on with the unemployment system on the news. The appeals process almost always favors the employee. Your best bet is to contact a local news station and get them to do a story on it. The state only reacts to things that make the news.
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Buffy wrote:
Oh hell no. Don't draw any negative attention to yourself. The most likely public opinion would be that these are hard times and make him out to be a mean employer etc etcYou are in Massachusetts right? Have you seen what is going on with the unemployment system on the news. The appeals process almost always favors the employee. Your best bet is to contact a local news station and get them to do a story on it. The state only reacts to things that make the news.
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Ok its diff here. Sorry for your troubles some people are just so f***ing lazy 👿
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Small business owners are ruining this country.
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badmrfrosty wrote:
😳😳😳😳Small business owners are ruining this country.
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Would it be more beneficial to hire this person back but cut there hours to one day a week?
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That's bullshit. If they don't show they need to get the boot. And if they get the boot for valid reasons, they definitely don't need to get unemployment. That's just gpnna make them want to keep feeding off the tit of society.
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badmrfrosty wrote:
Small business owners is what this country was founded on and still employs the greatest number of people in America..taking them out of the equation would "ruin" the country.Small business owners are ruining this country.
Back to the issue .. For the love of God don't do the news press thing unless you like PR nightmares 😱 and don't hire them back.. It wouldn't cost less but I'm sure you know that already. All this advice free of charge.. Lol
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badmrfrosty wrote:
Badmrfrosty is ruining my appetite. It's pieces of shit like that that are ruining this country.Small business owners are ruining this country.
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Once again, my issues is not necessarily with the ex-employee at this point. My issues with him weft ceased when we severed ties. The issue at hand is with a system that allows others to collect & costs me additional money, through no fault of my own.
Rehiring and/or media outlets are not the answer. Unfortunately there probably is no answer. It is just frustrating to have to play by the rules of a game that is constantly changing the rules. Oh well. NEXT... -
Fizzone wrote:
badmrfrosty wrote:
Badmrfrosty is ruining my appetite. It's pieces of shit like that that are ruining this country.Small business owners are ruining this country.
@Fizzy Shhhh.
@Adults Thought this was obvious tounge in cheek. Even the most pinko liberal wouldn't make that statement.
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Saba sorry to hear this. I would tend to agree with OSUgirl on this one. Depending on the state, if a doctors note can be provided an employer is likely to be overruled.
Hugs! 💗
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Kinky Friedman wrote:
You've got to be kidding me.Sigh. I once fired an employee for theft. Over $500. Amazingly we were still held responsible for his unemployment. We had video etc. Reason: we declined to press charges since he made restitution therefore there was no theft in the eyes of the TX Workforce Commission. I'm with ya on this one Saba, send the agency a picture of your foot.
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