Can you collect unemployment if...

[Camden]

I've got an employee that's just not cutting it any more. She just doesn't bust her butt like she should and the rest of my employees are starting to grumble because I've let it slide for a few weeks now.

I told this lady that I was going to cut her hours because I am over-staffed. She said that she needs all of her hours and that if I slice them in half she'll have to quit and file for unemployment.

I guess my main question is: Can she do this? I thought if you quit your job you can't draw unemployment.

Also, is there any other way to get rid of her without fear of recourse on her part? I'm open to suggestions.

 

[oregunrmk]

It depends on the law in your state. Also check to see if Minn. is "an employment at will" state.If so you do not need a reason to terminate. Most states will not let you collect unemployment if you quit. If the employee is not performing, make sure you document each and every instance. cya.

 

[PCDOC]

In ND you have to get fired to collect unemployment. Not sure in MN.

Too bad about the headaches. Issues like this are the main reason I'm still a one man operation.

 

[Rockarm]

Maybe.......

Just lay her off and under the code put, Shortage of work. Just don't hire anyone else for the next 6 months... This way you get your way and she can get unemployment if she has enough hours.

OR

Cut her hours way down, she can get unemployment and still legally work a certain ammount of hours, they will subsidise for her lost hours. This is just a suggestion, not quite sure how the law works where you are.

 

[CuzzinOlaf]

I always thought that if you cut hours, she quits, she can get unemployement becuase she was willing to work the 40 that you wouldn't allow her. Basically saying that what she threatened is what can/will happen. I dunno, just what I heard.

 

[khaddon2110]

Maybe.......

Just lay her off and under the code put, Shortage of work. Just don't hire anyone else for the next 6 months... This way you get your way and she can get unemployment if she has enough hours. [Employer is still paying this]

OR

Cut her hours way down, she can get unemployment and still legally work a certain ammount of hours, they will subsidise for her lost hours. This is just a suggestion, [and a pretty bad suggestion] not quite sure how the law works where you are.

i believe someone doesn't understand how unemployment works and where the money comes from

news flash..... it doesn't just appear in the form of a check...... We employers pay it..... so when you say THEY will subsidise it... just who do you think they is?

why would I want to pay someone's wages to sit at home?

 

[Supplicate]

i believe someone doesn't understand how unemployment works and where the money comes from

news flash..... it doesn't just appear in the form of a check...... We employers pay it..... so when you say THEY will subsidise it... just who do you think they is?

why would I want to pay someone's wages to sit at home?

Amen.

In WY if the employer files a complaint they can stop payment on any unemployment. Can't remember the exact reasons that are covered, but there are several. Check your state laws and see what, if anything, you are capable of legally doing.

 

[khaddon2110]

the unemployment system is upside down right now.... it was intended to offer protection to employees that were fired without cause, or assistance when companies downsized or went out of business...

right now what we have is a system that does not allow us to terminate dead weight without being creative....

get them to quit, then your off the hook..... as long as you are reasonable about it..

Most places, unless they are fired for drug use, or theft, or gross insubordination, your going to pay...... sad but true.. sorry

 

[milehighassassin]

cut her hours until she quits. If she quits she cannot file for unemployment.


Unemployment laws favor the employer btw. I know someone who was let go from a major retail corporation. It is complete hell to deal with unemployment.

 

[ouch]

I've got an employee that's just not cutting it any more. She just doesn't bust her butt like she should and the rest of my employees are starting to grumble because I've let it slide for a few weeks now.

I told this lady that I was going to cut her hours because I am over-staffed. She said that she needs all of her hours and that if I slice them in half she'll have to quit and file for unemployment.

I guess my main question is: Can she do this? I thought if you quit your job you can't draw unemployment.

Also, is there any other way to get rid of her without fear of recourse on her part? I'm open to suggestions.

she cant get unemployment if she quits. Cut her hours.

 

[MountainPowder]

Why not talk to her and tell her to shape up, and give her a documented warning. You will either get better performance or a valid reason for firing. It is my understanding that if someone is fired for not doing their jpb after being warned then they will not qualify for unemployment. Not true?

 

[PJ-Hunter]

Cut her hours. I don't know about the law where you are from but in Colorado an individual cannot claim unemployment if they leave the job willingly. Now if you fire her worthless azz, she can then collect unemployment and you still have to pay into that. Cut her hours until she either quits or starts to carry her own weight.

Good luck, PJ

 

[live2ride]

In order for her to not collect unemployment she has to quit. Most of the time even with signed company policies the employee will win and get unemployment. If her hours are cut she can file unemployment, but the way it worked when I was an employer was they could work part time and collect some not the entire amount of her wage, only half. They do set certain restrictions on how much a person can earn while on unemployment. My suggestion would be call your local employment agency and see what the laws are in your state.

Example, we had a written company policy that all employees signed, it included absolutely no alcohol to be consumed while operating a company vehicle, nor should a company vehicle be parked at a bar after work hours. We had a complaint from a customer about the vehicle being parked in front of the bar; we then went and found the vehicle parked at the bar, employee drinking. Fired the employee and still had to pay unemployment........we were asked if the employee was disciplined any other time with it in writing. Maybe try the signed write up with a given amount of time for change, if it does not work another write up with 3-5 days to see a change, then the third and final......See your state laws, even in a at will state with out proper write up documentation signed, you will pay!!! Good luck!!!

 

[maxdlx]

you can simply lower her wage do to unsatisfactory work, unless she is union. You coldso called reassign her to a difernt posistion with a lower wage, if she isn't union. Either of these would look better than cutting her hours. If she quits because of it, ten she is out. Sounds like she knows how to work the system. Document it in her file were you talk to her and let her know she has x # of days to improve, and has to stay at that tempo for y# of days to stay at present pay rate, or her wage will be cut. Most of all have it typed up, and make her sign it, and have a witness present to sign it if she refuses stating she refused. Maxdlx

 

[XC700116]

Check it out Here

 

[Burndown1]

In Wyo. you can fire someone, In this liberal state of montana (union) It takes an act of god to get rid of someone. State to state is different.

 

[Camden]

Check it out Here

Thank you for that link. Check out the first thing I read:

>>>When should I apply for unemployment benefits?

You should apply for unemployment benefits as soon as you are unemployed or your hours are greatly reduced. (If you work 32 or more hours in a week you are not considered to be unemployed for that week).<<<

So there goes my idea of cutting her hours way down. My brother suggested I switch her schedule so that she works nights and weekends. I think if I do that she'll be gone in no time!

This whole situation really puzzles me because this woman used to be a great employee. She always kept busy and never needed supervision. It's almost like she's become a different person

 

[GODEEP]

I have been in a similar position myself. My boss, just decided to pay me less and cut my hours. lol.. j/k


Honestly, I have had problems with workers in the past that started out great and turned out to be piss poor. I simply told them if they dont do this or that like I expect them to, then I am going to have to change their position in the company. Then when all gets worse or no improvment, pay them minimum wage and give them the worst jobs until they quit and they are out on their own.

unless I cant stand paying them and looking at them everyday. Then I just fire their azz and let them do what they want to do. This is alot more fun! Go for it...


also,,

be a good guy and sit down with this woman. If she was a good worker and all of a sudden not so much. find out why. Its the right thing to do before making any decision. Its the first thing I would do.. good luck.

 

[PJ-Hunter]

Thank you for that link. Check out the first thing I read:

>>>When should I apply for unemployment benefits?

You should apply for unemployment benefits as soon as you are unemployed or your hours are greatly reduced. (If you work 32 or more hours in a week you are not considered to be unemployed for that week).<<<

So there goes my idea of cutting her hours way down. My brother suggested I switch her schedule so that she works nights and weekends. I think if I do that she'll be gone in no time!

This whole situation really puzzles me because this woman used to be a great employee. She always kept busy and never needed supervision. It's almost like she's become a different person

Drugs (prescription or illegal)? I know when I was on my prescription I failed to produce as well as I did before. I cut my scrip in half and am doing much better. I thought about what I said earlier, maybe you need to pull her in and have a serious talk about why she changed.

 

[yammadog]

Why don't people just fire slackers anymore? I've fired a number of people when I had my gig. I paid unemployment insurance anyway, so let them get the money for a bit, unless you are out to try and give them a hardship. Otherwise, they aren't cutting it and a good firing will show the other staff that you won't put up with BS....

Otherwise, talk to her and find out if maybe a hardship at home is causing a distraction at work. Caring about your employees is a good benefit as well as any insurance and can bring you quality staff for a long time.

But there's always room for a good firing....make em cry on the way out!!!