Unemployment....I just don't understand it... - GL1800Riders
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post #1 of 29 (permalink) Old 05-24-2013, 04:21 PM Thread Starter
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Unemployment....I just don't understand it...

One of our workers came to work with a broken hand and couldn't work.
The boss complained that he wasn't doing a good job like he was supposed to and now couldn't work at all and told him...Adios!

So the guy goes down to file for unemployment saying because he hurt himself he couldn't work.

The boss gets a letter indicating they want his side of the story and he tells them the wasn't doing his job up to their satisfaction so they let him go.

The Employment office sends us a determination letter indicating that the employee didn't fall under the misconduct rule and was eligible for unemployment, however since he said he was physically unable to work, he would not be paid until he was able and willing to work and then could re-open a claim.

So I guess if you don't do a good job at work and get fired, you can always go down and collect unemployment..............is that the way I understand it?

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post #2 of 29 (permalink) Old 05-24-2013, 04:38 PM
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Two things going here. If he broke his hand on company time it's a workers comp claim and shouldn't have been fired. I from the story I'm guessing he broke it on his own time so no workers comp here, also as this was not work related his inability to preform his job falls on his shoulders so the boss has reasonable cause to terminate him (nothing about moral reasons here).

Now on to Unemployment benefits. Since his is injured and unable to work he is also unemployable, hence ineligible for unemployment benefits as these are funds to assist you while you look for a job. So until he's able to work no benefits, also the employer can deny the claim because it was thru no fault of the company that he was unable to preform his job so he was terminated for cause.

Catch 22 I know, but those are the rules

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post #3 of 29 (permalink) Old 05-24-2013, 04:57 PM
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Originally Posted by sk8nmike View Post
Two things going here. If he broke his hand on company time it's a workers comp claim and shouldn't have been fired. I from the story I'm guessing he broke it on his own time so no workers comp here, also as this was not work related his inability to preform his job falls on his shoulders so the boss has reasonable cause to terminate him (nothing about moral reasons here).

Now on to Unemployment benefits. Since his is injured and unable to work he is also unemployable, hence ineligible for unemployment benefits as these are funds to assist you while you look for a job. So until he's able to work no benefits, also the employer can deny the claim because it was thru no fault of the company that he was unable to preform his job so he was terminated for cause.

Catch 22 I know, but those are the rules
I'm sure different states probably apply different rules but.. It sounds as though the employer ATTEMPTED to deny the claim but the employer does not have the final say. The state (unemployment folks) make that final determination. I also appears that in this case the determination was that he that the employee was eligible for benefits. In many instances the employee is authorized benefits if he was involuntarily terminated and had not violated any company rules or was not guilty of any misconduct. An accidental injury, away from the workplace may indeed be grounds for dismissal of and employee but does not necessarily mean he is not eligible for unemployment.

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post #4 of 29 (permalink) Old 05-24-2013, 05:24 PM
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So if the guy was such a bad worker then he should have been fired BUT they didnt till he was injured. Now that makes me wonder if he was really that bad or they were trying to use it as an excuse to try and fire him without having to pay him. I wonder.
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post #5 of 29 (permalink) Old 05-24-2013, 05:56 PM
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So this guy breaks his hand and is expected to work as if nothing was wrong but can't, so they fire him?
Doesn't your employer have any sick leave? What if the guy had a heart attack or some other major surgery...would they fire him? Sounds like he's better off not working for that azz hat of a company!



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post #6 of 29 (permalink) Old 05-24-2013, 06:03 PM
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So if the guy was such a bad worker then he should have been fired BUT they didnt till he was injured. Now that makes me wonder if he was really that bad or they were trying to use it as an excuse to try and fire him without having to pay him. I wonder.
yup makes ya wonder,can't fire someone that has a disability or your just asking for it. I hired a lady that had seizures didn't tell me on application, the state said if i didn't ask she didn't have to tell me but if i did ask it would have been discrimination. I had to cut her hours and make up split shifts to get her to quit. Still had to pay. But at least she wasn't doing fish flops on the floor anymore.
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post #7 of 29 (permalink) Old 05-24-2013, 06:41 PM
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The injury was temporary so the employer had no right to refuse insurance coverage when he was eligible. That's what unemployment insurance is, an insurance policy.
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post #8 of 29 (permalink) Old 05-24-2013, 06:46 PM
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post #9 of 29 (permalink) Old 05-24-2013, 09:12 PM
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Quote:
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yup makes ya wonder,can't fire someone that has a disability or your just asking for it. I hired a lady that had seizures didn't tell me on application, the state said if i didn't ask she didn't have to tell me but if i did ask it would have been discrimination. I had to cut her hours and make up split shifts to get her to quit. Still had to pay. But at least she wasn't doing fish flops on the floor anymore.
Was she not doing a good job?

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post #10 of 29 (permalink) Old 05-24-2013, 09:55 PM
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yup makes ya wonder,can't fire someone that has a disability or your just asking for it. I hired a lady that had seizures didn't tell me on application, the state said if i didn't ask she didn't have to tell me but if i did ask it would have been discrimination. I had to cut her hours and make up split shifts to get her to quit. Still had to pay. But at least she wasn't doing fish flops on the floor anymore.
Look at the bright side. They could have made you change her job title to Dust Mop.
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